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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 56. Statutory applications to an individual Justice

Cite asRid. R. Sup. Ct. 56Official text at page 25

In this rule

  • (a)Docketing required
  • (b)Assignment
  • (c)Writ of execution
  • (d)Consecutive writ
  • (e)Notice and record
  • (f)Other individual relief
  • (g)Review
(a)§

Docketing required

An application a statute permits an individual Justice to decide must still be filed with the Clerk and placed on a docket. A direct message or private oral request to a Justice is prohibited.

(b)§

Assignment

The Clerk transmits the application to the Duty Justice unless the statute identifies another Justice or the Court has entered a case-specific assignment. A filer may not select successive Justices.

(c)§

Writ of execution

A plaintiff may petition an Associate Justice or the Chief Justice for a writ of execution on a judgment involving a defendant declared delinquent. The petition must attach:

1.§

the judgment and declaration of delinquency;

2.§

the current amount lawfully unsatisfied;

3.§

the payment history;

4.§

certification that the defendant has no active payment plan being fulfilled;

5.§

the result and execution date of any prior writ; and

6.§

a proposed order conforming exactly to 7 R. Stat. § 132.119.

(d)§

Consecutive writ

A consecutive writ of execution may issue only after three days have passed since execution of the last writ, not merely since its issuance.

(e)§

Notice and record

Unless law permits action without notice to protect execution, the applicant must serve the judgment debtor and allow a prompt response on satisfaction, payment-plan compliance, identity, or other execution defect. The Justice must enter a written order and, if granted, ensure the writ is entered through the in-game warrant system as statute requires.

(f)§

Other individual relief

For any other application, the filer must cite the law authorizing an individual Justice to act. The Justice may deny, grant temporary relief within that authority, request a response, or refer the matter to the Court.

(g)§

Review

A denial may not be renewed to another individual Justice. Review lies by a motion to the Full Court or a motion for reconsideration based on material new facts, intervening law, or clear error, if governing law permits.

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