PART V — JURISDICTION AND COMMENCEMENT

Rule 49. Opposition, reply, distribution, and disposition of a petition

Cite asRid. R. Sup. Ct. 49Official text at page 22

(a)§

Opposition

An opposition is optional unless the Court or petition-review committee requests one. If filed or requested, it is due seven days after service of the petition or the request, whichever is later.

(b)§

Contents of opposition

The opposition should address:

1.§

jurisdiction or timeliness;

2.§

preservation;

3.§

material misstatements or omitted record facts;

4.§

the Rule 47 criteria;

5.§

vehicle problems, mootness, or alternative grounds; and

6.§

omitted parties, interests, or related proceedings.

A jurisdictional objection belongs in the opposition, not a separate motion to dismiss the petition.

(c)§

Waiver

A respondent who does not intend to oppose may file a waiver. The Court may request a response despite waiver.

(d)§

Reply

A reply limited to new points in the opposition may be filed within three days after service of the opposition. The Court need not delay consideration for a reply unless it orders otherwise.

(e)§

Supplemental authority

Before disposition, a party may file a notice of genuinely intervening authority or legislation under the 500-word limit. The notice must explain the new matter’s relevance without rearguing the petition.

(f)§

Distribution

The Clerk distributes the petition:

1.§

after a waiver;

2.§

after the opposition period expires; or

3.§

no sooner than two days after an opposition is filed, unless the petitioner waives that interval.

If a petition-review committee exists, Rule 15(d) must be completed before the Court votes.

(g)§

Vote to grant

When a quorum participates, discretionary review is granted on the affirmative vote of at least two participating Justices. A grant order may limit, reformulate, or add a jurisdictional question fairly included in the petition.

(h)§

Available dispositions

The Court may:

1.§

deny review;

2.§

grant review in whole or part;

3.§

request a response or record;

4.§

hold the petition for a related matter;

5.§

vacate and remand in light of controlling intervening authority;

6.§

summarily affirm, reverse, or vacate when the law and record make the result clear and fair notice has been provided; or

7.§

dismiss a granted petition as improvidently granted.

(i)§

Effect

Denial expresses no view on the merits and has no precedential effect. A grant places the case on the merits docket and triggers Rules 57 through 69.