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PART V — JURISDICTION AND COMMENCEMENT

  • 41Appellate jurisdiction, finality, standing, and mootness
  • 42Preservation, standards of review, and prejudicial error
  • 43Criminal appeals as of right
  • 44Civil appellate review
  • 45Appeals from the Administrative Court
  • 46Notice of appeal, cross-appeal, and time to appeal
  • 47Discretionary review by petition for review or certiorari
  • 48Contents of a petition for review
  • 49Opposition, reply, distribution, and disposition of a petition
  • 50Interlocutory review, amendment, and misconception of remedy
  • 51Certified questions of Ridgeway law
  • 52Proceedings within original jurisdiction supplied by law
  • 53Extraordinary writs in aid of appellate jurisdiction
  • 54Mandamus and prohibition
  • 55Habeas-corpus review and quo warranto
  • 56Statutory applications to an individual Justice

PART V — JURISDICTION AND COMMENCEMENT

Rule 52. Proceedings within original jurisdiction supplied by law

Cite asRid. R. Sup. Ct. 52Official text at page 23

In this rule

  • (a)No general original jurisdiction
  • (b)Identified proceedings
  • (c)Pleading in another authorized original matter
  • (d)Response and preliminary decision
  • (e)Guidance from other rules
  • (f)Fact finding
(a)§

No general original jurisdiction

The Court has original jurisdiction only when the Constitution or an active statute expressly supplies it. A generic Original Action portal category creates none.

(b)§

Identified proceedings

Proceedings supplied by current law include:

1.§

Administrative Court appeals under Rule 45;

2.§

impeachment trials under Rule 76;

3.§

attorney discipline under Rule 77;

4.§

judicial discipline within lawful limits under Rule 78;

5.§

certified questions under Rule 51; and

6.§

a statutory application to an individual Justice under Rule 56.

This list does not foreclose a later law expressly supplying another original matter.

(c)§

Pleading in another authorized original matter

A person invoking another source of original jurisdiction must file a petition for leave that:

1.§

quotes the jurisdictional grant;

2.§

identifies all parties and required service;

3.§

states the claim, material facts, and requested lawful relief;

4.§

explains why no lower tribunal has jurisdiction;

5.§

attaches essential evidence; and

6.§

satisfies the form for a civil complaint so far as applicable.

(d)§

Response and preliminary decision

A response to leave is due seven days after service unless shortened. The Court may deny leave, request a response, accept the pleading, define issues, appoint a lawful fact finder, or transfer the matter if authorized.

(e)§

Guidance from other rules

The Ridgeway Rules of Civil Procedure and Rules of Evidence guide pleading, discovery, evidence, and trial in an original matter unless inconsistent with the Constitution, statute, these Rules, or a case-management order.

(f)§

Fact finding

The Court may appoint a special master or direct lawful lower-court fact finding only if authorized. The appointment order must define authority, recordkeeping, review, compensation if any, and the parties’ opportunity to object.

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