NATIONAL CENTER FOR STATE COURTS
PROFILES OF SELECTED APPELLATE COURTS WITH CIVIL JURISDICTION
Arizona: Maricopa and Pima Counties Site Profile (2001-2002)
Court Information
Name: Arizona Court of Appeals
Location: Division 1—Phoenix Division 2—Tucson
Number of appellate judges: Division 1—16 Division 2—6
Jurisdiction over general civil appeals: Mandatory jurisdiction
Caseload composition for: 2001 Filings: Division 1—632 Division 2—220 Opinions issued: Division 1—52 Division 2—23
Appellate Procedures
When and where is the notice of appeal filed? The notice of appeal must be filed in writing with the trial court within 30 days after judgment.
Time frame for Preparation of the record: The record must be prepared within 40 days; extensions are possible. Transcript: Transcripts are to be filed in the Court of Appeals upon the docketing of the appeal (40 days after the filing of the notice of appeal). Briefs: After the docketing of the appeal, the clerk prepares the record and gives the appellant notice to pay the docketing fee. The appellant’s brief is due 40 days after the date of this notice. The appellee’s brief is due 40 days later. The appellant has 20 days to file a reply brief if the appellant chooses.
Docketing practices/calendar assignments: Division 1—An appeal is not calendared until the record is filed. The Court hears arguments in a continuous term. An appeal is considered at issue when the reply brief is in, or the reply period has expired. An at-issue list is prepared at the first of each month; appeals coming at issue are added to the list at this time. The Court schedules argument at the request of counsel.
Division 2—Docketing statements are not used. Cases that have been fully briefed are deemed at issue and assigned by the chief staff attorney to the case lists of individual judges or to a list of cases to be processed by the court’s staff attorneys. The court hears arguments in a continuous term, with most cases decided without oral argument. Granting oral argument is within the discretion of the court and is not common. Division 2 prepares draft opinions in cases where oral argument is granted, and distributes these to counsel prior to argument to enable counsel to focus on issues of particular concern to the panel.
Screening for settlement conferences/mediation programs: All general civil appeals are eligible for the Arizona Appellate Settlement Conference Program.
In Division 1, the Court selects those cases for assignment to the Program that the Court, following a review of the appellate record, deems most likely to benefit from alternative dispute resolution. Within three days after either payment of the appellant's filing fee or order waiving, deferring or acknowledging that the appellant is exempt from paying a filing fee, the Court enters an order notifying the parties that the case has been assigned to the Program. The order instructs the parties to submit their settlement statements to the appellate mediator in care of the settlement conference attorney at the Court. The order stays the normal appellate briefing schedule pending completion of the settlement process. The order does not stay payment of the fees, posting bonds, or filing notices of cross- appeals or civil appeals docketing statements.
In Division 2, the decision to place the case into mediation is made by the mediation program staff attorney. The staff attorney speaks to counsel for both parties after the trial court informs the staff attorney of the notice of appeal. No record is prepared in this situation until the staff attorney determines whether the appeal should be sent to mediation. Placement in mediation operates as a stay on the filing of the record, cross-appeals, and briefs.
In either division, a party may object in writing to assignment to mediation within five days of assignment. The objection may remain confidential. The court, at its discretion, may terminate mediation, continue, or deny the objection. A party may also request inclusion in the program, which may be granted or denied at the court’s discretion. A party will have ten days from the notice of assignment to file a settlement statement. The first settlement conference will be held 15 days after the due date of the settlement statement.
Participation in the settlement program is mandatory, unless an objection to the program is granted. The settlement program mediator is assigned on a rotating basis.
Time standards: Division 1—Internal policy states that opinions are to be out within 150 days after assignment. A list of cases still pending after 150 days is circulated.
Division 2—The court has no formal time standards, but operates within ABA standards.
Opinions (published, unpublished, per curiam/memorandum): The Arizona constitution requires all Court of Appeals opinions to be “in writing and the grounds stated.” Per curiam opinions may be used in Division 1, but are not used in Division 2. In Division 2, the court designates approximately 10 percent of its decisions to be published opinions. Non-published and memorandum decisions make up the vast majority of court output. California: Alameda, Contra Costa, Los Angeles, Ventura, San Bernardino, Orange, Fresno, Santa Clara, and San Francisco Counties Site Profile (2001-2002)
Court Information
Name: California Courts of Appeal California Supreme Court
Location: Courts of Appeal First District—San Francisco Second District—Los Angeles and Ventura Fourth District Division 2—Riverside Division 3—Santa Ana (Orange County) Fifth District—Fresno Sixth District—San Jose Supreme Court—San Francisco
Number of appellate judges: Courts of Appeal First District—20 Second District—31 Fourth District—25 total Division 2—7 Division 3—8 Fifth District—10 Sixth District—7 Supreme Court—7
Jurisdiction over general civil appeals: Courts of Appeal—Mandatory jurisdiction Supreme Court—Discretionary jurisdiction
Caseload composition for: All civil appeals, fiscal year 2001-2002 Filings: Courts of Appeal (notices of appeal) First District—1,216 Second District—2,707 Fourth District—1,712 total Division 2—559 Division 3—542 Fifth District—303 Sixth District—347 Supreme Court—1,263 petitions for review
Opinions issued: Courts of Appeal First District—704 Second District—1,501 Fourth District—1,146 total Division 2—288 Division 3—476 Fifth District—211 Sixth District—204
Appellate Procedures
When and where is the notice of appeal filed? Courts of Appeal—Appeals to the Courts of Appeal must be filed in the trial court within 60 days of the entry of judgment.
Supreme Court—A petition to the Supreme Court must be filed within ten days of final action in the Courts of Appeal. Any answer to the petition must be served filed within 20 days after the petition is filed; any reply to the answer must be served and filed within ten days after the answer is filed.
Time frame for Preparation of the record: Courts of Appeal—The record is prepared by the court reporter within 30 days of the payment of costs. Supreme Court—On receiving a copy of a petition for review or on request of the Supreme Court, whichever is earlier, the Court of Appeal clerk must promptly send the record to the Supreme Court. If the petition is denied, the Supreme Court clerk must promptly return the record to the Court of Appeal. Transcript: Within ten days after filing the notice of appeal, an appellant must serve and file in superior court either a notice designating a reporter's transcript or a notice of intent to proceed without a reporter's transcript, unless the appellant proceeds by agreed or settled statement. If the appellant serves and files a notice designating a reporter's transcript, the respondent may, within ten days after such service, serve and file a notice in superior court designating any additional proceedings the respondent wants included in the transcript. If the appellant elects to proceed without a reporter's transcript, the respondent cannot require that a reporter's transcript be prepared. The reviewing court, on its own or the respondent's motion, may order the record augmented to prevent a miscarriage of justice.
Within 30 days after notice is received or mailed, the reporter must prepare and certify an original of the transcript and file it in superior court. Only the reviewing court can extend the time to prepare the reporter's transcript.
Within ten days after filing the notice of appeal, an appellant must serve and file a notice in superior court designating the documents to be included in the clerk's transcript, unless the appeal proceeds by appendix, by stipulation, or by agreed or settled statement instead of a clerk's transcript. Within ten days after the appellant serves its notice designating a clerk's transcript, the respondent may serve and file a notice in superior court designating any additional documents the respondent wants included in the transcript. Within 30 days after the appellant deposits the estimated cost of the transcript or the court files an order waiving that cost, the clerk must prepare and certify the transcript.
Within ten days after the notice of appeal is filed, any party electing to proceed by an appendix instead of by clerk's transcript must serve and file a notice of election in superior court.
Briefs: In the Supreme Court and the Courts of Appeal, the appellant must file a brief within 30 days after the filing of record on appeal. The respondent must file a brief within 30 days of the filing of the opening brief. An optional closing brief may be filed within 20 days after the filing of the respondent’s brief.
In a case which goes on to the Supreme Court, the rules of court allow the parties discretion whether to draft additional briefs to the Supreme Court, or to refile the Court of Appeal briefs to the Supreme Court. Because the issues considered by the Supreme Court cannot be different from those considered in the Court of Appeal, parties may choose simply to re-file the appellate briefs.
Docketing practices/calendar assignments: Court of Appeal, First District—In general, civil appeals are assigned to a division when the clerk’s office receives the notices of appeal from the superior court where they were filed. The appeals are assigned to divisions in rotation and without regard to subject matter or complexity. Exceptions to the random assignment procedure are made when a division has decided a prior appeal in the same case, or if a petition for a writ in the same case was previously filed in the division. In either event, the appeal is assigned to the division which first had contact with the case. Local rules require filing a prescribed form of docketing statement in each appeal. When a criminal or civil appeal is fully briefed, it is ready for assignment to a panel of three justices for decision. The court maintains a computer- generated list of fully briefed civil appeals and a separate list of fully briefed criminal and juvenile appeals. The cases are listed in the order in which they became fully briefed. The cases entitled to priority on the calendar are assigned first, followed by non-priority appeals in the order in which they became fully briefed.
Court of Appeal, Second District—All original proceedings and appeals arising in Ventura, Santa Barbara, and San Luis Obispo Counties are assigned to Division Six. Original proceedings and appeals arising in Los Angeles County are assigned to the divisions in Los Angeles (One through Five, Seven and Eight) on a random pro rata basis. Once a case has been assigned to a division it remains in that division for all further proceedings, unless a request is made to the Supreme Court to transfer the case to another division. Usually, such a request is made by the clerk, upon direction of the Presiding Justice of the division involved. When an appeal has been fully briefed, it is assigned on a random pro rata basis to a three-justice panel with one of the justices designated the lead justice responsible for preparing a bench memorandum. The matter is also set for oral argument on the next available calendar. Oral argument may be waived by the parties. Original proceedings which do not seek immediate relief are usually reviewed by a writs attorney assigned to the particular division within one to two weeks. The attorney prepares and distributes a memorandum and copies of the petition, exhibits, and any preliminary opposition to the justices for discussion at periodic writ conferences, usually weekly or bi-weekly, at which the justices will determine how to proceed on the matter. If the original proceeding seeks immediate relief, the writs attorney will review the matter shortly after receiving it and distribute a memorandum and supporting documents to the justices then available to review it at which time a determination will be made. If relief is granted which requires a hearing, it will be scheduled at the earliest available date.
Court of Appeal, Fourth District, Division 2—If the appeal involves issues that can be resolved with little difficulty based upon well-established case law or by statute and there appears to be no likelihood of dispute as to how the law applies to the facts, the case will be assigned to central staff to assist in its processing under the supervision of the authoring justice. These cases are processed chronologically and assigned randomly to an authoring justice who supervises the preparation of an opinion.
Other appeals are assigned directly to "chambers." The Managing Attorney or designee estimates the amount of time it will take to prepare the case, assigning values between three (relatively little time) through eight (substantial amount of time) in an attempt to equalize the workloads of the individual chambers. Once "weighed," the cases are randomly distributed to the justices unless the court has issued an opinion in a previous appeal or writ in the same or closely related matter, in which case an attempt is made to assign the case to the same authoring justice and possibly to the same panel. The assignment calendar is issued approximately two months before oral argument, with each justice assigned to author, on average, a core of six cases. Several chambers in a given month may also be assigned additional civil cases to be prepared with the assistance of a specially assigned central staff attorney. The internal procedures for assigning and preparing cases in chambers vary. The draft opinions of cases to be orally argued are placed in a calendar book, generally the first Monday of the month. The justices review all cases in which they are to participate in advance of oral argument and confer on all cases argued immediately after argument. In cases where oral argument has been waived, a proposed opinion is prepared and circulated by seniority to the other justices assigned to the panel for that case.
Court of Appeal, Fourth District, Division 3—When an appeal is fully briefed, the parties are given an opportunity to request oral argument. Cases are generally scheduled for oral argument in order of the request. Statutory priorities are enforced. Non-oral argument cases are similarly assigned in order based on the date oral argument is waived. Panels, including a justice tentatively designated to author the opinion, are assigned on a random rotating basis. Periodically the court schedules special oral argument calendars for short cause matters.
Court of Appeal, Sixth District—When a criminal or civil appeal is fully briefed, it is identified on a computer-generated list indicating the case is ready for analysis and decision. The appeals are considered by the court after they are fully briefed. Decisions may be made and the opinions filed in a different order depending on factors such as the complexity of the litigation and whether oral argument is requested.
Assignment of cases to individual justices is generally made by rotation from the list of ready cases. The justice assigned to a particular case then has lead or primary responsibility for that case in the course of conference discussions, research and preparation of the opinion.
When a case is ready for possible argument, the clerk will write and ask the parties whether they desire to exercise their right to appear personally for oral argument or to argue by teleconference. If oral argument is requested, the case is placed on an oral argument calendar. The order in which cases are to be argued is determined by the presiding justice.
Screening for settlement conferences/mediation programs: All Courts of Appeal participate in a statewide voluntary settlement program. Some districts also have mediation programs in which parties may be required to participate.
In the First District, an administrator screens appeals and assigns them to a mediation program. The appellant must file a mediation screening form within ten days of filing the notice of appeal. The panel to which the appeal has been assigned may also order mediation even if the parties have not requested it.
The Second District has no screening process. Although the court offers assistance in settlement conferences, it does not compel such conferences.
Division 2 of the Fourth District may order the parties to proceed with a settlement conference. Division 3 requires each party to every appeal to complete a questionnaire to help determine if the case is amenable to settlement; parties may be required to submit to arbitration.
In the Fifth District, local rules provide that the court may order a settlement conference, but no mention is made of a formal screening procedure.
The Sixth District has no screening process. Although the court offers assistance in conducting settlement conferences, it does not compel such conferences.
Opinions (published, unpublished, per curiam/memorandum): The state constitution mandates that all appeals be decided by written opinion stating reasons. All Supreme Court decisions are published in the official reports; some Courts of Appeal opinions are published. Some appeals are decided per curiam.
Connecticut: Hartford and Fairfield Counties Site Profile (2001-2002)
Court Information
Name: Connecticut Appellate Court Connecticut Supreme Court
Location: Hartford
Number of appellate judges: Appellate Court—Ten judges sit on the Appellate Court, with one serving as Chief Court Administrator. The Appellate Court generally hears cases in panels of three, but may sit en banc. Supreme Court—Seven justices sit in panels of five; the Court may also sit en banc.
Jurisdiction over general civil appeals: Appellate Court—Every appeal from a final judgment or order that does not by right go to the Supreme Court is filed as of right in the Appellate Court Supreme Court—Discretionary jurisdiction
Caseload composition for: All appeals, fiscal year 2001-2002 Filings: Appellate Court—1,148 Supreme Court—545 Opinions issued: Appellate Court—637 Supreme Court—180
Appellate Procedures
When and where is the notice of appeal filed? Appellate Court—Appeals are filed with the trial court clerk’s office within 20 days of the date notice of the judgment or decision is given. Supreme Court—A petition for certification shall be filed with the clerk of the trial court by the petitioner within 20 days of the date the opinion is officially released or the issuance of notice of any order or judgment determining a cause in the appellate court, whichever is earlier. Within ten days of the filing of the petition in the trial court, any party may file a statement in opposition to the petition.
Time frame for Preparation of the record: As soon as possible after the filing of the appellant’s brief, the appellate clerk shall prepare and certify the record. Once the appellate clerk has certified the record, the appellant has 20 days to file the record and provide appropriate copies to the trial judge and other counsel of record. Transcript: The appellant must order the transcript and an electronic version of the transcript at or before the filing of the appeal. The transcript must be filed before or at the same time as the filing of the appellant’s brief. If other parties choose to submit additional portions of the transcript, these portions are due at the filing of the parties’ briefs. Briefs: Appellate Court—If no transcript is needed, the appellant’s brief is due within 45 days of the filing of the appeal. If a transcript is necessary, the appellant’s brief is due within 45 days of the delivery of the transcript. The appellee’s brief is due within 30 days of the filing of the appellant’s brief, or if the appellee has ordered additional portions of the transcript, the brief is due within 30 days of the delivery of these portions of the transcript, whichever is later. The appellant’s reply brief is due within 20 days of the filing of the appellee’s brief. Supreme Court—The appellant’s brief shall be filed within 45 days from the issuance of notice of certification. The appellee’s brief is due within 30 days of the filing of the appellant’s brief. The appellant’s reply brief is due within 20 days of the filing of the appellee’s brief.
Docketing practices: Cases appear on the Appellate Court docket once two conditions are met: 1. The Appellate Court record has been duplicated and filed, and 2. The reply brief has been filed, the Court has been notified that a reply brief will not be filed, or the time to file the reply brief has expired.
The printed docket is mailed to all counsel and pro se parties having an appearance on any of the cases ready for assignment for argument. Counsel are given notice of the argument dates for the upcoming term of court and are given an opportunity to file letters regarding dates they are not available.
Screening for settlement conferences/mediation programs: The chief justice or chief judge (or a designee) may, in cases deemed appropriate, direct the appellate clerk to schedule conferences of the parties in advance of oral argument. A judge trial referee or senior judge may be designated by the chief justice to preside at the conference. Such a settlement conference does not stay the briefing schedule. When a conference has been scheduled, attendance is mandatory and failure to attend may result in the imposition of sanctions. Time standards: No official rule.
Opinions (published, unpublished, per curiam/memorandum): All opinions, including per curiam decisions, are published. Florida: Dade, W. Palm Beach and Orange Counties Site Profile (2001-2002)
Court Information
Name: Courts of Appeal Florida Supreme Court
Location: Courts of Appeal Third District—Miami Fourth District—West Palm Beach Fifth District—Daytona Beach Supreme Court –Tallahassee
Number of appellate judges: Courts of Appeal Third District—11 Fourth District—12 Fifth District—10 Supreme Court—7; at least 5 must participate in every case and at least 4 must concur in order to render a decision
Jurisdiction over general civil appeals: Courts of Appeal—Mandatory and discretionary jurisdiction Supreme Court—Mandatory and discretionary jurisdiction
Caseload composition for: 2001 and 2002 Filings: Fourth District—1,706 civil appeals in 2002 (not reported for Third and Fifth Districts) Supreme Court—2,777 filings (all case types) in 2002 Opinions issued: 1,361 in 2001, 1,212 in 2002 (for all cases) Supreme Court—95 signed opinions in 2002
Appellate Procedures
When and where is the notice of appeal filed? In appeals to the Supreme Court and the Courts of Appeal, the notice of appeal must be filed in the lower tribunal within 30 days of the rendition of the final decision, order, judgment, or decree.
Time frame for Preparation of the record: Courts of Appeal—The record is prepared by the trial court clerk within 50 days of the notice of appeal and transmitted to the appellate court within 110 days of the notice of appeal. Supreme Court—In cases of mandatory jurisdiction, the clerk of the lower court must transmit the record within 60 days of the filing of the notice of appeal. In cases of discretionary jurisdiction, the clerk must transmit the record within 60 days after the court accepts jurisdiction or postpones the decision on jurisdiction. Transcript: The transcript is due within 30 days of service of designation. Briefs: Courts of Appeal—The appellant’s brief must be filed within 70 days of the filing of the notice of appeal. The appellee’s brief must be filed within 20 days of the filing of the appellant’s brief. The appellant’s reply brief must be filed within 20 days of the filing of the appellee’s brief. Appeals to the Supreme Court in cases of discretionary jurisdiction—The petitioner must file a brief on the issue of jurisdiction within ten days of filing the notice of appeal. The respondent’s brief on jurisdiction is due within 20 days after the filing of the petitioner’s brief. If the Supreme Court accepts jurisdiction or postpones the decision on jurisdiction, the petitioner’s brief on the merits of the case must be filed within 20 days after the acceptance or postponement. The respondent’s brief on the merits must be filed within 20 days of the filing of the petitioner’s brief. The petitioner’s reply brief must be filed within 20 days of the filing of the respondent’s brief. Appeals to the Supreme Court in cases of mandatory jurisdiction—The petitioner’s brief must be filed within 20 days of the filing of the notice of appeal. The respondent’s brief on the merits must be filed within 20 days of the filing of the petitioner’s brief. The petitioner’s reply brief must be filed within 20 days of the filing of the respondent’s brief.
Docketing practices/calendar assignments: The Fourth District Court of Appeals requires the submission of a docketing statement by the appellant. If there is disagreement, the appellee must also submit a docketing statement.
Screening for settlement conferences/mediation programs: The Fourth District Court of Appeals has no mediation program.
Time standards: Florida Rule of Judicial Administration 2.085 provides that most decisions of the Courts of Appeals and the Supreme Court should be rendered within 180 days of either the oral argument or the submission of the case to the court panel for a decision without oral argument.
Opinions (published, unpublished, per curiam/memorandum): There is no constitutional or statutory requirement that cases be decided with written opinions stating reasons. All opinions of both the Supreme Court and the Courts of Appeal are published in the official reports. Some cases are decided per curiam. Georgia: Fulton County Site Profile (2001-2002)
Court Information
Name: Georgia Court of Appeals
Location: Atlanta
Number of appellate judges: 12 judges sit in panels of 3; in the event of a dissent, 2 panels plus a seventh judge will hear the case
Jurisdiction over general civil appeals: Mandatory and discretionary jurisdiction over civil appeals
Caseload composition for: Calendar year 2002 Filings: 3,260 Opinions issued: 1,415
Appellate Procedures
When and where is the notice of appeal filed? The notice of appeal must be filed with the trial court within 30 days of the entry of judgment. The notice of cross-appeal must be filed with the trial court within 15 days of the service of the notice of appeal.
Time frame for Preparation of the record: The record must be transmitted to the court within five days of the filing of the transcript; if there is no transcript, the record must be transmitted within 20 days of the filing of the notice of appeal. Transcript: The transcript must be transmitted to the court within 30 days of the filing of the notice of appeal. Briefs: The appellant’s brief must filed be within 20 days after the appeal is docketed. The appellee’s brief must be filed within 20 days after the filing of the appellant’s brief, or within 40 days after the docketing of the appeal, whichever is later. The appellant may file a reply brief within 20 days after the filing of the appellee’s brief.
Docketing practices: A case is docketed once the court receives the complete record, which consists of the notice of appeal, the record, and the transcript (if a transcript is requested).
Calendar assignments: The Chief Judge assigns judges to each panel (division) of the Court of Appeals. Cases are assigned randomly to each division as each case is docketed.
Screening for settlement conferences/mediation programs: The Georgia appellate courts do not currently have a settlement conference or mediation program. A previous program was suspended in 1995.
Time standards: The appellate courts are constitutionally required to dispose of each case in the term during which it was docketed or during the next term. There are three terms per year.
Opinions (published, unpublished, per curiam/memorandum): There is no constitutional or statutory requirement that decisions be made in writing stating reasons. All Court of Appeals opinions are listed in the official reports, but some may be designated not to be published. Some cases are decided per curiam or by affirmation without opinion. Hawaii: Honolulu County Site Profile (2001-2002)
Court Information
Name: Hawaii Intermediate Court of Appeals Hawaii Supreme Court
Location: Honolulu
Number of appellate judges: Intermediate Court of Appeals—6 judges sit in panels of 3 Supreme Court—5 justices sit en banc
Jurisdiction over general civil appeals: Intermediate Court of Appeals—Mandatory jurisdiction over cases assigned by the Supreme Court. Supreme Court—Appeals from the trial courts are initially filed with the Supreme Court, which may choose to hear the appeal itself or to assign the appeal to the Intermediate Court of Appeals. Discretionary jurisdiction in cases appealed from the Intermediate Court of Appeals.
Caseload composition for: Fiscal year 2001-2002 Filings: Intermediate Court of Appeals—260 Supreme Court—819 Opinions issued: Intermediate Court of Appeals—195 Supreme Court—191
Appellate Procedures
When and where is the notice of appeal filed? Initial appeals—The notice of appeal must be filed with the trial court within 30 days of the entry of judgment or appealable order. The notice of cross- appeal must be filed with the trial court within 14 days of the service of the notice of appeal. The Supreme Court reviews matters involving formulation of the law, while the Intermediate Court of Appeals reviews trial court decisions for errors.
Appeals from the Intermediate Court of Appeals—No later than 30 days after the filing of an opinion, dispositional order, or ruling of the Intermediate Court of Appeals or the filing of an order denying a timely motion for reconsideration by the Intermediate Court of Appeals, any party may apply in writing to the Supreme Court for a writ of certiorari to review such opinion, dispositional order, or ruling. Within five days after the filing of an application for a writ of certiorari, any other party to the case may, but need not, file and serve a brief written response containing a statement of reasons why the application should not be granted.
Time frame for Preparation of the record: The clerk of court shall, within 60 days from the filing of the notice of appeal, assemble, certify and transmit to the appellate court clerk a single record on appeal. Transcript: The transcript must be filed within 45 days of receipt of a transcript request. Briefs: Initial appeals—The appellant shall file an opening brief within 40 days after the filing of the record on appeal. Within 40 days after the service of the appellant’s opening brief the appellee shall file an answering brief. The appellant may file a reply brief within 14 days after the service of the appellee’s answering brief. Appeals from the Intermediate Court of Appeals— If the Supreme Court accepts the application for a writ of certiorari to review a decision of the intermediate court of appeals, the case shall be decided on the record and the briefs previously filed. The Supreme Court may limit the question on review, may request supplemental briefs, and may set the case for oral argument. Within ten days after the acceptance of the application for a writ of certiorari, a party may move in the Supreme Court for permission to file a supplemental brief. The court may impose restrictions as to length and filing of such brief and any response thereto. Docketing practices: The case is docketed with the appellate court on the date of filing of the record, partial record, clerk of court’s certificate, or certified copy of the docket entries. The appellate clerk shall maintain a docket. Cases shall be assigned consecutive file numbers. The file numbers of each case shall be noted on the docket. All papers filed with the appellate clerk and all process, orders, and judgments shall be entered chronologically in the docket.
Calendar assignments: The assignment judge shall assign a case to either the Intermediate Court of Appeals or the Supreme Court within 20 days of the filing deadline of the last document permitted to be filed.
Screening for settlement conferences/mediation programs: The Hawaii Appellate Conference Program provides parties with a forum and a process to realistically consider the possibility of settlement of the entire case or issues in the case. The main objective of the Appellate Conference Program is to provide an alternative to litigation to parties who have filed an appeal.
Time standards: Intermediate Court of Appeals—Cases shall be disposed of within six months after the scheduled date for oral argument.
Supreme Court—Cases shall be disposed of within 12 months after the scheduled date for oral argument.
Opinions (published, unpublished, per curiam/memorandum): Full opinions of the Supreme Court and the Intermediate Court of Appeals are published; memorandum opinions are not published. The Supreme Court may order that a full opinion of the Intermediate Court of Appeals be changed to a memorandum opinion.
Illinois: Cook and DuPage Counties Site Profile (2001-2002)
Court Information
Name: Illinois Appellate Court
Location: First District—Chicago Second District—Elgin
Number of appellate judges: 42 judges sit in panels of 3; 18 judges are assigned to the First District and 6 judges to each of the remaining districts; additional judges are assigned by the Supreme Court to the Appellate Court on a showing of need
Jurisdiction over general civil appeals: Mandatory jurisdiction over civil appeals
Caseload composition for: Calendar year 2002 Filings: 8,676 total First District—3901 Second District—1,499 Opinions issued: 1,037 total First District—470 (2,760 disposed of by unpublished order and 1,530 dismissed) Second District—222
Appellate Procedures
When and where is the notice of appeal filed? The notice of appeal must be filed with the clerk of the circuit court within 30 days after entry of the final judgment. The notice of cross-appeal must be filed with the clerk of the circuit court within ten days of the service of the notice of appeal.
Time frame for Preparation of the record: The record on appeal shall be filed in the reviewing court within 63 days after the filing of the notice of appeal. Transcript: The transcript is filed as part of the record on appeal. Briefs: The brief of the appellant shall be filed in the reviewing court within 35 days from the filing of the record on appeal. Within 35 days from the due date of the appellant’s brief, the appellee shall file his or her brief in the reviewing court. Within 14 days from the due date of the appellee’s brief, the appellant may file a reply brief.
Docketing practices: Cases are docketed upon receipt by the reviewing court of the copy of the notice of appeal. The clerk of the circuit court transmits a copy of the notice of appeal to the clerk of the reviewing court within 5 days after the filing of the notice of appeal.
Calendar assignments: Cases are assigned to divisions of the Appellate Court, First District, at random.
Cases are assigned in the Appellate Court, Second District, at random.
Screening for settlement conferences/mediation programs: In an appeal pending in the Appellate Court, the court or a judge thereof, on its own motion or on the request of a party, may order a prehearing conference to consider the simplification of the issues and any other matters that may aid in the disposition of the appeal.
The Appellate Settlement Conference Program also exists to provide an alternative means for resolving certain civil appeals in the Illinois Appellate Court. The Program is intended to give parties to an appeal an opportunity and forum to discuss their case, simplify and/or limit the issues, negotiate settlement, and consider any matters that may aid in disposition of the appeal or resolution of the action or proceeding.
The Appellate Court, First District, adopted the Appellate Court Settlement Conference Program on January 1, 2005. The Appellate Court, Second District, does not currently conduct an Appellate Settlement Conference Program.
Time standards: None provided.
Opinions (published, unpublished, per curiam/memorandum): Opinions of the Appellate Court are published in the official reports. Unpublished orders disposing of cases are not precedential.
Indiana: Marion County Site Profile (2001-2002)
Court Information
Name: Indiana Court of Appeals
Location: Indianapolis
Number of appellate judges: 15 judges sit in panels of 3; 6 senior judges
Jurisdiction over general civil appeals: Mandatory jurisdiction over civil appeals
Caseload composition for: Calendar year 2002 Filings: 2,055 Opinions issued: 1,967
Appellate Procedures
When and where is the notice of appeal filed? The notice of appeal is filed in the trial court clerk’s office within 30 days of the entry of final judgment. A notice of cross-appeal is not required, as the appellee may raise cross-appeal issues in the appellee brief.
Time frame for Preparation of the record: Once the notice of appeal is filed, the trial court clerk has 30 days to issue a Notice of Completion of Clerk’s Record. Transcript: If a transcript is requested, the trial court clerk has 90 days to issue the Notice of Completion of Transcript. Briefs: The appellant’s brief is due 30 days from the issuance of the Notice of Completion of the Clerk’s Record if no transcript was requested, or 30 days from the issuance of the Notice of Completion of Transcript. The appellee has 30 days from the filing of the appellant’s brief to file its answer brief. The appellant’s reply brief is filed 15 days after the filing of the appellee’s brief.
Docketing practices: Cases are docketed on the date when the trial court clerk issues its Notice of Completion of Clerk’s Record.
Calendar assignments: Cases are assigned to judges on a rotating basis without regard to district, geography, or panel assignment. Separate rotations are maintained for child, civil, criminal, and expedited cases (appeals from administrative agency decisions). A rotation includes assigning a case to each of the 15 full-time judges by name and a case to the senior judges. The cases assigned to each judge then become the cases of the panel to which the judge is assigned.
Screening for settlement conferences/mediation programs: The courts do not currently have settlement conferences or mediation programs.
Time standards: Each panel is responsible for the completion of all cases assigned to each of the three judges on the panel during the fixed panel assignment of four months.
Opinions (published, unpublished, per curiam/memorandum): A Court of Appeals opinion is published if the case establishes, modifies, or clarifies a rule of law; criticizes existing law; or involves a legal or factual issue of unique interest or substantial public importance. Other Court of Appeals cases shall be decided by not-for-publication memorandum decision. Kentucky: Jefferson County Site Profile (2001-2002)
Court Information
Name: Kentucky Court of Appeals Supreme Court of Kentucky
Location: Frankfort (the panels of the Court of Appeals travel about the state to hear cases)
Number of appellate judges: Court of Appeals—14 judges sit in panels of 3 Supreme Court—7 justices sit en banc
Jurisdiction over general civil appeals: Court of Appeals—Mandatory jurisdiction and limited discretionary jurisdiction Supreme Court—Discretionary jurisdiction
Caseload composition for: Fiscal year 2002 Filings: Court of Appeals—2,628 (2374 mandatory appeals, 75 discretionary matters, 179 original actions) Supreme Court—1,155 Opinions issued: Court of Appeals—1,720 (disposing of 1888 cases; an additional 988 cases were disposed of by order) Supreme Court—222
Appellate Procedures
When and where is the notice of appeal filed? All appeals shall be taken to the next higher court by filing a notice of appeal in the court from which the appeal is taken. Notice of appeal shall be filed within 30 days after judgment.
Time frame for Preparation of the record: The trial court clerk has 60 days to prepare the record after receipt of notice of appeal. In the event of a prehearing conference, the time frame for record preparation will run from the date of the order removing the case from the prehearing conference. Transcript: If a transcript is to be prepared, the clerk must certify the record within ten days of the filing of the transcript. Briefs: In the Supreme Court and the Court of Appeals, the appellant’s brief shall be filed with the clerk of the appellate court within 60 days after the date of the notation on the docket, or the certification of the record. The appellee’s brief shall be filed 60 days after the date on which the appellant’s brief was filed. The appellant’s reply brief shall be filed within 15 days after the date on which the last appellee’s brief was filed.
Docketing practices: The clerk of each appellate court shall keep a general docket in which shall be recorded all appeals. It shall show the number and style of each case and the dates on which it is docketed, submitted, or sent to the court and decided. No appeal will be docketed until the filing fees are paid.
Calendar assignments: In the Court of Appeals, cases are assigned to panels monthly. Each judge sitting on a panel is designated to preside on a maximum of 12 cases. The judge also sits as an associate on the cases on which the other members of his or her panel are presiding. Because the court is current in its workload, cases are being delivered to panels in the month following the completion of briefing and each judge is receiving two or three cases less than the maximum. The judges screen cases for oral argument, and currently the court hears oral argument in approximately 15 percent of the cases assigned.
Screening for settlement conferences/mediation programs: Kentucky allows for a Prehearing Conference in all civil actions appealed to the Court of Appeals. One of the purposes of the conference may be to consider the possibility of settlement.
Time standards: No formal time standards have been adopted. Of the cases disposed by the Court of Appeals in 2003, 62.4 percent of civil cases were disposed of within 15 months of the filing of the notice of appeal, and 78.2 percent were disposed of within 18 months of the filing of the notice of appeal.
Opinions (published, unpublished, per curiam/memorandum): Appellate court opinions and orders may be announced orally but are to be reduced to writing. Opinions of the Supreme Court are rendered on Thursdays; opinions of the Court of Appeals are rendered on Fridays. Not all opinions from the Supreme Court or the Court of Appeals are published. In 2002, the Court of Appeals published 6.0 percent of the opinions rendered. In 2004, the Court of Appeals published 12.1 percent of its opinions. Massachusetts: Essex, Middlesex, Suffolk, and Worcester Counties Site Profile (2001-2002)
Court Information
Name: Appeals Court of Massachusetts Massachusetts Supreme Judicial Court
Location: Boston
Number of appellate judges: Appeals Court—25 judges sit in panels of 3 (the court has the services on recall of several retired appellate judges) Supreme Judicial Court—7 justices typically sit en banc; 4 justices constitute a quorum
Jurisdiction over general civil appeals: Appeals Court—Mandatory jurisdiction Supreme Judicial Court—Mandatory and discretionary jurisdiction
Caseload composition for: Fiscal year 2001-2002 Filings: Appeals Court—2,652 Supreme Judicial Court—1,038 Opinions issued: Appeals Court—363 Supreme Judicial Court—227
Appellate Procedures
When and where is the notice of appeal filed? The notice of appeal is filed with the clerk of the lower court within 30 days of the date of the entry of the judgment appealed from.
Time frame for Preparation of the record: The appellant’s counsel prepares the record appendix within 40 days after the docketing of the appeal. Transcript: Within ten days after the filing the notice of appeal, the appellant shall order from the court reporter a transcript of such parts of the proceedings not already on file, as he deems necessary for inclusion in the record. Briefs: The appellant shall serve and file his brief within 40 days after the date on which the appeal is docketed in the appellate court. The appellee shall serve and file his brief within 30 days after service of the brief of the appellant. The appellant may file a reply brief within 14 days after service of the appellee’s brief, but at least three days before the first day of the sitting at which the case is in order for argument.
Docketing practices: Within ten days after receiving from the clerk of the lower court notice of assembly of the record, each appellant shall pay to the clerk of the appellate court the docket fee fixed by law, and the clerk shall enter the appeal of such appellant upon the docket.
Calendar assignments: The appellate clerk shall prepare a calendar of cases awaiting argument. In placing cases on the calendar for argument, the clerk shall give preference to appeals in criminal cases and to appeals and other proceedings entitled to preference by law.
Screening for settlement conferences/mediation programs: The appellate court may direct the attorneys for the parties to appear before the court or a single justice for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceeding by the court.
Time standards: If a case is fully briefed by February 1, it should be argued, or submitted for consideration without argument, by the end of that court year (May for the Supreme Judicial Court, June for the Appeals Court). The appellate decision should be issued within 130 days of the date of argument or submission of the briefs.
Opinions (published, unpublished, per curiam/memorandum): All opinions of the Supreme Judicial Court and the Appeals Court are published.
Michigan: Oakland and Wayne Counties Site Profile (2001-2002)
Court Information
Name: Michigan Court of Appeals
Location: First District—Detroit Second District—Troy
Number of appellate judges: 28 judges sit in panels of 3
Jurisdiction over general civil appeals: Mandatory jurisdiction over most general civil appeals from final orders
Caseload composition for: Calendar year 2002 Filings: 7,156 Opinions issued: 3,645 opinions; 4,002 dispositive orders
Appellate Procedures
When and where is the notice of appeal filed? By court rule, the claim of appeal is filed with the Court of Appeals usually within 21 days after judgment. Some statutory causes of action have different deadlines, although the claim of appeal is always filed with the Court of Appeals. The appellant shall also file a copy of the claim of appeal in the trial court from which the appeal is taken.
Time frame for Preparation of the record: By court rule, the trial court record must be forwarded to the Court of Appeals within 21 days of the date it is requested. Transcript: The court reporter shall file the transcript with the trial court within 91 days after it is ordered. However, in a two-year project under Supreme Court Administrative Order 2004-5, transcripts in appeals from trial court orders granting or denying summary disposition must be filed within 28 days after they are ordered. If this deadline is met, a premium page rate is owed to the court reporter/recorder. Briefs: In most general civil appeals, the appellant shall file a brief within 56 days after the transcript is filed. The appellee’s brief is due 35 days after the appellant’s brief is served on the appellee, but 28-day extensions are available by stipulation of the parties. Further extensions are available by motion to the Court. However, under the two-year project noted above, the appellant’s brief is due within 28 days of the filing of the claim of appeal or the transcript if a transcript was ordered, and the appellee’s brief is due within 21 days of service of the appellant’s brief. There are no extensions by stipulation and only 14-day extensions are available by motion for good cause shown.
Docketing practices: In all civil appeals, within 28 days after the claim of appeal is filed, the appellant must file two copies of a docketing statement with the clerk of the court of appeals and serve a copy on the opposing parties. Contents of the docketing statement include the nature of the proceedings, a summary of facts, and the issues presented by the appeal.
Calendar assignments: After the briefs of both parties have been filed, the clerk shall notify the parties that the case will be submitted as a “calendar case” at the next available session of the court. Priority is ordinarily granted in order of initial filing.
Screening for settlement conferences/mediation programs: Michigan has a Court of Appeals Settlement Program. The Court of Appeals Settlement Director (an attorney) reviews each docketing statement early in the appeal in order to identify cases for the settlement program. Counsel may also request that a case be considered for the program. About 15 percent of the court’s caseload is selected for settlement conferences.
Time standards: The Court of Appeals instituted a delay reduction program in March 2002, with the goal of disposing of 95 percent of cases within 18 months of filing. At the close of calendar year 2004, while 98.3 percent of order cases had been resolved within 18 months, only 67.01 percent of opinion cases met this standard. 83.85 percent of all dispositions occurred within 18 months of filing.
In January 2005, a two-year project was launched with the goal of reducing total time on appeal to six months (including 90 days for briefing and record production and another 90 days for internal preparation, submission, and opinion release) in appeals from orders granting or denying summary disposition. Statistical results from this project are not yet available.
Opinions (published, unpublished, per curiam/memorandum): An opinion must be written and bear the writer’s name or the label “per curiam” or “memorandum” opinion. An opinion of the court bearing the writer’s name shall be published by the Supreme Court Reporter of Decisions. A memorandum opinion shall not be published. A per curiam opinion shall not be published unless one of the judges deciding the case directs the reporter to do so at the time it is filed with the clerk. A copy of an opinion to be published must be delivered to the reporter no later than when it is filed with the clerk. Opinions are published in a form and under a contract approved by the Supreme Court. Court of Appeals opinions are published in separate volumes from Supreme Court opinions. Standards for publication of a court opinion are found in Rule 7.215. Minnesota: Hennepin County Site Profile (2001-2002)
Court Information
Name: Minnesota Court of Appeals Minnesota Supreme Court
Location: Court of Appeals—St. Paul; oral arguments may also be heard in selected cities in the ten trial-level judicial districts and by interactive video Supreme Court—St. Paul
Number of appellate judges: Court of Appeals—16 judges sit in panels of 3 Supreme Court—7 justices sit en banc
Jurisdiction over general civil appeals: Court of Appeals—Mandatory jurisdiction Supreme Court—Mandatory and discretionary jurisdiction
Caseload composition for: Calendar year 2002 Filings: Court of Appeals—235 Supreme Court—790 Opinions issued: Court of Appeals—1,324 Supreme Court—90
Appellate Procedures
When and where is the notice of appeal filed? Court of Appeals—An appeal shall be made by filing a notice of appeal with the clerk of the appellate courts within 60 days of the entry of judgment or appealable order. The appellant shall also file a copy of the notice of appeal with the trial court administrator.
Supreme Court—A petition to the Supreme Court for review of a Court of Appeals decision shall be filed with the appellate court clerk within 30 days of the filing of the Court of Appeals decision. An opposing party may file with the clerk of the appellate courts a response to the petition within 20 days of service. Any responding party may, in its response, also conditionally seek review of additional designated issues not raised by the petition. In the event of such a conditional request, the party filing the initial petition for review shall not be entitled to file a response unless the court requests one on its own initiative.
Time frame for Preparation of the record: Within ten days after the due date for the filing of the appellant's brief, the administrator of the court from which the appeal is taken shall transmit the record to the clerk of the appellate courts. Transcript: The appellant must request the transcript within ten days of the filing of the notice of appeal. The transcript certificate shall contain the date on which the transcript was requested and the estimated completion date not later than 60 days after the request. Briefs: The appellant shall serve and file a brief and appendix within 30 days after delivery of the transcript by the reporter. The respondent shall serve and file a brief and appendix, if any, within 30 days after service of the brief of the appellant. The appellant may serve and file a reply brief within ten days after the later of the following: (a) service of the respondent’s brief or (b) service of the brief of an amicus curiae.
Calendar assignments: Court of Appeals—No case shall be placed on the calendar for argument, except by special order of the appellate court, until there has been filed in the appellate court the appellant's brief and appendix and the respondent's brief. Cases are assigned to Court of Appeals panels on a random basis.
Supreme Court—Cases are assigned to the calendar in the order of the filing of the last brief, although criminal cases are often given priority. Cases considered without oral argument do not appear on the published calendar. Generally, cases are assigned for oral argument unless it appears from the issues or the briefs that argument would not sufficiently enhance the decisional process. At least 30 days prior to the first day of argument on the monthly calendar, the office of the Clerk of Appellate Courts makes the calendar available to the public and distributes a copy of it to the court, to the parties to the cases on the calendar, and to others who have arranged with the clerk to receive it.
Screening for settlement conferences/mediation programs: The appellate courts may direct the parties or their attorneys to appear before a justice, a judge, or another person designated by the appellate courts for a prehearing conference to consider settlement, simplification of the issues, and other matters which may aid in the disposition of the proceedings by the court.
Time standards: Court of Appeals—By statute, decisions of the Court of Appeals must be filed within 90 days of the date of oral or nonoral argument.
Supreme Court—The majority opinion is generally released for circulation among the other members of the court within 60 days after the case conference (held on the day of oral argument).
Opinions (published, unpublished, per curiam/memorandum): In Supreme Court cases, only written opinions are published in the official reports. Each Court of Appeals disposition shall be written in the form of a published opinion, an unpublished opinion, or an order opinion. Missouri: St. Louis County Site Profile (2001-2002)
Court Information
Name: Missouri Court of Appeals—Eastern District
Location: St. Louis
Number of appellate judges: 14 judges sit in panels
Jurisdiction over general civil appeals: Mandatory jurisdiction
Caseload composition for: Fiscal year 2002 Filings: 3,714 total Eastern District—1,632 Opinions issued: 1,686 total Eastern District—809
Appellate Procedures
When and where is the notice of appeal filed? A party may appeal from a judgment or order by filing a notice of appeal with the clerk of the trial court. No such appeal shall be effective unless the notice of appeal is filed not later than ten days after the judgment or order appealed from becomes final. If a timely notice of appeal is filed by a party, any other party may file a notice of cross-appeal within ten days of the date the first notice of appeal was filed.
Time frame for Preparation of the record: The record on appeal is divided into two components: the legal file and the transcript. The record on appeal must be filed with the appellate court within 90 days from the date of the filing of the notice of appeal. If the record is composed of the legal file only, it is due within 30 days from the date of the filing of the notice of appeal. Transcript: The transcript is included as part of the record on appeal. Briefs: The appellant’s brief must be filed within 60 days after the record on appeal is filed with the appellate court clerk. Within 30 days after filing of the appellant’s brief, the respondent’s brief shall be filed with the Appellate Court. Within 15 days after the filing of the respondent’s brief, the appellant’s reply may be filed.
Docketing practices: When the appellant’s brief is filed in the appellate court, the case shall be docketed. If oral argument is requested, the case is set on a docket for oral argument before one of the Court’s three judge divisions. Counsel are notified of the specific time and place of oral argument and the division that will hear the case approximately eight weeks prior to the date of argument.
Calendar assignments: Assignments are random.
Screening for settlement conferences/mediation programs: After the notice of appeal and supplemental filings are filed, every civil case is screened by a settlement judge. The settlement judge selects cases appropriate for possible settlement. Once a case is placed on the settlement docket, the time requirements for ordering the record on appeal and filing the record and briefs may be suspended. If settlement efforts fail, the case is returned for regular processing. The policy of the Court of Appeals is that no information about any case selected and processed for the settlement docket shall be disclosed to any other judge. The settlement judge is barred from sitting on any case that was before him or her as settlement judge. Currently, the settlement judges for the Court are retired appellate court judges.
Time standards: There are no mandatory time standards. The current average time from the filing of the notice of appeal to opinion hand-down is 11 months.
Opinions (published, unpublished, per curiam/memorandum): In each case, the judicial decision is reduced to writing and filed in the cause. The Court is authorized to issue memorandum decisions or opinions by a simple order. Opinions are handed down and filed each Tuesday at 8:30 a.m. and are available in the clerk’s office. The opinions are also available on the Court’s website at 9:00 a.m. One copy of the opinion is mailed to each responsible attorney of record on the day before the Tuesday hand-down. New Jersey: Bergen County, Essex County, and Middlesex Counties Site Profile (2001-2002)
Court Information
Name: Appellate Division of the Superior Court
Location: Arguments are heard in courtrooms located in Hackensack, Morristown, Newark and Trenton, as well as other locations from time to time.
Number of appellate judges: 34 judges sit in panels of 2 or 3
Jurisdiction over general civil appeals: Mandatory jurisdiction
Caseload composition for: Fiscal year 2002 Filings: 7,069 Opinions issued: 3,991
Appellate Procedures
When and where is the notice of appeal filed? Appeals are filed with the appellate court within 45 days of the entry of judgment. Cross-appeals must be filed within 15 days of the service of the notice of appeal.
Time frame for Preparation of the record: The record on appeal is prepared by the appellant’s counsel and reproduced in the appendix. The record on appeal must be completed within 45 days after the transcript is delivered. Transcript: The appellant shall, no later than the time of the filing and service of the notice of appeal, serve a request for the preparation of an original and copy of the transcript. When the last volume of the entire transcript has been delivered to the appellant, the court reporter supervisor, clerk, or agency, as the case may be, shall certify its delivery. The transcript delivery certification and a complete set of the transcripts on paper and on diskettes shall be forwarded immediately to the clerk of the court to which the appeal is being taken. In the event the original and the copy of the transcript are filed with the clerk of the court from which the appeal is taken prior to the filing of the notice of appeal, the appellant shall, within ten days after all briefs of all parties have been filed, request the clerk of the court from which the appeal is taken forthwith to transmit the filed copy to the clerk of the court to which the appeal is taken.
Briefs: The appellant’s brief is filed 45 days after delivery of the transcript. The respondent’s brief is filed 30 days after service of the appellant’s brief. A reply brief may be filed within ten days after the service of the respondent’s brief.
Docketing practices: The clerk of the appellate court shall enter all appeals upon a docket in chronological order and, except for appeals on leave granted which shall be entitled to a preference, cases shall be argued or submitted for consideration without argument in the order of perfection, insofar as practicable, unless the court otherwise directs with respect to a category of cases or unless the court enters an order of acceleration as to a particular appeal on its own or a party's motion.
Calendar assignments: In the Appellate Division, the judges are assigned to one of eight parts of four or five judges. The Clerk's office assigns cases to the parts after checking for such things as disqualifications, prior involvement and, when oral argument is requested, location of the attorneys. Appeals shall be decided by panels of two judges designated by the presiding judge of the part, except when the presiding judge determines that an appeal should be decided by a panel of three judges. Such a determination may be made where the appeal presents a question of public importance, of special difficulty, of precedential value, or for such other special reason as the presiding judge shall determine.
Screening for settlement conferences/mediation programs: The Civil Appeals Settlement Program (CASP) is designed to identify, at the initial phase of processing, those appeals that possibly can be settled. Alternatively, appeals with very complex issues may be selected for a pre- argument conference, in order to clarify those issues prior to briefing.
Time standards: The court, on its own motion or that of a party, may accelerate a case. Certain types of cases, such as those involving an election, the welfare and protection of a minor, and where leave to appeal was granted, are accelerated by the Clerk's office.
Opinions (published, unpublished, per curiam/memorandum): Opinions of the Appellate Division shall be published only upon the direction of the panel issuing the opinion.
New York: New York County Site Profile (2001-2002)
Court Information
Name: Appellate Divisions of the Supreme Court, First Department
Location: New York City
Number of appellate judges: 14 judges sit in panels of 5
Jurisdiction over general civil appeals: Mandatory jurisdiction
Caseload composition for: Calendar year 2002 Filings: 10,019 total First Department—2,728 Opinions issued: First Department—3,039
Appellate Procedures
When and where is the notice of appeal filed? The notice of appeal must be filed in the office where the judgment or order appealed from is entered, within 30 days of the service of the judgment or order being appealed.
Time frame for Preparation of the record: The record on appeal must be filed within 30 days from the date on the notice of appeal or, if a transcript of testimony in involved, within 30 days after settlement of the transcript. Transcript: If a transcript of the proceedings or statement in lieu of a stenographic transcript as settled is not included in the record, the appellant shall file the ribbon copy of the transcript or the statement with the appellant's brief. Briefs: The appellant’s brief must be filed within 30 days from the date on the notice of appeal, or, if a transcript of testimony is involved, with 30 days after settlement of the transcript. At least 27 days before the first day of the term for which the appeal or cause shall have been noticed, the respondent or opposing party shall file the answering brief. Within nine days after the service of the answering brief, the appellant or moving party may file a reply brief.
Docketing practices/calendar assignments: Unless otherwise ordered by the court, all appeals or causes shall be placed on the calendar within 20 days after filing the record on appeal. The clerk prepares calendars and judicial assignments.
Screening for settlement conferences/mediation programs: By order of the Court, counsel and the parties to the actions may be directed to attend a pre-argument conference before a judicial administrative officer or such other person as may be designated by the Appellate Division.
Time standards: None
Opinions (published, unpublished, per curiam/memorandum): All opinions of the Appellate Divisions of the Supreme Court are published in the official reports.
North Carolina: Mecklenburg County Site Profile (2001-2002)
Court Information
Name: North Carolina Court of Appeals Supreme Court of North Carolina
Location: Raleigh
Number of appellate judges: Court of Appeals—15 judges sit in rotating panels of 3 Supreme Court—7 justices
Jurisdiction over general civil appeals: Court of Appeals—Mandatory jurisdiction over general civil appeals; cases in which there is a dissent in the Court of Appeals go to the Supreme Court Supreme Court—Discretionary jurisdiction over general civil appeals; mandatory jurisdiction in cases where there is a dissenting opinion in the Court of Appeals
Caseload composition for: Fiscal year 2002 Filings: Court of Appeals—1,609 records (3,484 motions, 751 petitions) Supreme Court—769 Opinions issued: Court of Appeals—1,387 Supreme Court—130
Appellate Procedures
When and where is the notice of appeal filed? Court of Appeals—In civil cases, the notice of appeal must be filed in the trial court within 30 days after the entry of judgment, unless an exception is granted.
Supreme Court—Appeals of right from the Court of Appeals to the Supreme Court are taken by filing notices of appeal with the Clerk of the Court of Appeals and with the Clerk of the Supreme Court and serving notice of appeal upon all other parties within 15 days after the mandate of the Court of Appeals has been issued to the trial tribunal. A petition for discretionary review following determination by the Court of Appeals shall be filed with the Clerk of the Supreme Court and served on all other parties within 15 days after the appeal is docketed in the Court of Appeals.
Time frame for Preparation of the record: Court of Appeals—The parties must prepare and settle the record. The record then must be filed with the appellate court within 15 days of the settlement. Supreme Court—The record on appeal filed in the Court of Appeals constitutes the record on appeal for review by the Supreme Court. However, the Supreme Court may note de novo any deficiencies in the record on appeal and may take such action in respect thereto as it deems appropriate, including dismissal of the appeal. Upon the filing of a notice of appeal (in cases of mandatory jurisdiction) or when an order of certification is filed (in cases of discretionary jurisdiction), the Clerk of the Court of Appeals will forthwith transmit the original record on appeal to the Clerk of the Supreme Court. Transcript: The appellant must make arrangements within 14 days of filing the notice of appeal. The transcript is to be delivered within 60 days. Briefs: Court of Appeals—The appellant must file a brief within 30 days after the printed record is mailed from the reviewing court. The appellee must file a brief within 30 days after the service of the appellant’s brief. The appellant may serve and file a reply brief within 14 days of the service of the appellee’s brief. Supreme Court—The appellant’s brief must be filed within 30 days after the filing of the notice of appeal (in cases of mandatory jurisdiction) or the order of certification (in cases of discretionary jurisdiction). The appellee must serve and file a brief within 30 days after service of the appellant’s brief. The appellant may serve and file a reply brief within 14 days of the service of the appellee’s brief.
Docketing practices/calendar assignments: Each appellate court will calendar the hearing of all appeals docketed in the court. The chief judge assigns cases to three-judge panels. In general, appeals will be calendared for hearing in the order in which they are docketed, but the court may vary the order for any cause deemed appropriate. On motion of any party, with notice to all other parties, the court may determine without hearing to give an appeal peremptory setting or otherwise to vary the normal calendar order. Except as advanced for peremptory setting on motion of a party or the court's own initiative, no appeal will be calendared for hearing at a time less than 30 days after the filing of the appellant's brief. The clerk of the appellate court will give reasonable notice to all counsel of record of the setting of an appeal for hearing by mailing a copy of the calendar.
Screening for settlement conferences/mediation programs: The North Carolina Supreme Court has authorized the North Carolina Court of Appeals to undertake a mediation program. Appellate mediation will offer participants an opportunity to voluntarily submit their appeal to the Court of Appeals for candid evaluation by an informed, neutral person in a confidential setting. The focus will be on encouraging settlement and thus reaching an agreeable disposition of the appeal. All civil cases, with the exception of termination of parental rights and juvenile cases, are eligible for mediation. A case will not, however, be assigned for mediation unless all the parties to the appeal have agreed to mediation.
Time standards: There are no written time standards for filing opinions.
Opinions (published, unpublished, per curiam/memorandum): There is no constitutional standard requiring written opinions. Some cases are decided per curiam. Ohio: Cuyahoga and Franklin Counties Site Profile (2001-2002)
Court Information
Name: District Courts of Appeal Supreme Court of Ohio
Location: District Courts of Appeal Eighth District—Cleveland Tenth District—Columbus Supreme Court—Columbus
Number of appellate judges: District Courts of Appeal—The number of judges in each district depends on a variety of factors, including the court’s caseload and the size of the district. The number of judges in each district varies from three to twelve. In 2002, there were a total of 68 judges in the District Courts of Appeal. Supreme Court—7 justices
Jurisdiction over general civil appeals: District Courts of Appeal—Mandatory jurisdiction Supreme Court—Discretionary jurisdiction
Caseload composition for: All cases, 2002 Filings: District Courts of Appeal—10,745 Supreme Court—2,249 Opinions issued: District Courts of Appeal—6,692
Appellate Procedures
When and where is the notice of appeal filed? District Courts of Appeal—An appeal shall be taken by filing a notice of appeal with the clerk of the trial court.
Supreme Court—The appellant shall file a notice of appeal in the Supreme Court within 45 days from the entry of judgment being appealed. The appellant shall also file a memorandum in support of jurisdiction at the time the notice of appeal is filed. Within 30 days after the memorandum in support of jurisdiction is filed, the appellee may file a memorandum in response. The appellant shall not file a reply to the jurisdictional memorandum filed by the appellee.
Time frame for Preparation of the record and transcript: District Courts of Appeal—The record on appeal, including the transcript, shall be transmitted to the clerk of the Court of Appeal when 40 days have elapsed after the filing of the notice of appeal, or 20 days under the accelerated appeals option, unless within that time period the appellant has requested and been granted additional time. Under the Eighth District’s accelerated calendar option, the appellant can choose to have the record transmitted in 20 days with the filing of the brief 15 days later. Supreme Court—Upon the acceptance of a discretionary appeal, the Clerk of the Supreme Court shall issue an order to the Clerk of the Court of Appeal or other custodian having possession of the record requiring transmittal of the certified record to the Clerk of the Supreme Court within 20 days. Briefs: District Courts of Appeal—The appellant shall serve and file the appellant’s brief within 20 days after the date on which the clerk has mailed the notice that the record is filed. The appellee shall serve and file the appellee’s brief within 20 days after the service of the brief of the appellant. Supreme Court—The appellant shall file a merit brief within 40 days from the date the Clerk receives and files the record form the Court of Appeals. The appellee shall file a merit brief within 30 days after the filing of the appellant’s brief. The appellant may file a reply brief within 20 days after the filing of the appellee’s brief.
Docketing practices: Upon receiving a copy of the notice of appeal, the clerk of the Court of Appeal shall enter the appeal upon the docket. An appeal shall be docketed under the title given to the action in the trial court.
In the Eighth District, local rules require that simultaneously with the notice of appeal the appellant must file with the clerk of the trial court, and serve upon each of the parties, a complete praecipe and docketing statement in accord with the forms set forth in Appendices A and B to the local rules.
Screening for settlement conferences/mediation programs: The court may direct the parties’ attorneys to appear before a staff attorney for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceeding by the court.
Opinions (published, unpublished, per curiam/memorandum): All opinions of the Supreme Court are published in the official reports. Opinions of the Courts of Appeal are published on a selective basis in the official reports. Some cases are decided by per curiam or memorandum opinions. Pennsylvania: Allegheny and Philadelphia Counties Site Profile (2001-2002)
Court Information
Name: Pennsylvania Superior Court Pennsylvania Supreme Court
Location: Superior Court—Philadelphia, Harrisburg, Pittsburgh Supreme Court—Philadelphia, Harrisburg, Pittsburgh
Number of appellate judges: Superior Court—15 commissioned judges; 8 senior judges Supreme Court—7 justices
Jurisdiction over general civil appeals: Superior Court—Both mandatory and discretionary jurisdiction Supreme Court—Discretionary jurisdiction
Caseload composition for: All cases, 2002 Filings: Superior Court—8,160 Supreme Court—3,233 Opinions issued: Superior Court—5,315 Supreme Court—178
Appellate Procedures
When and where is the notice of appeal filed? Superior Court—The notice of appeal must be filed with the clerk of the trial court within 30 days after the entry of the order from which the appeal is taken.
Supreme Court—Allowance of an appeal from a final order of the Superior Court may be sought by filing a petition for allowance of appeal with the Prothonotary of the Supreme Court within 30 days of the entry of the order of the Superior Court sought to be reversed, with proof of service on all other parties to the matter in the appellate court below.
Time frame for Preparation of the record: The record is prepared by the clerk, and is due 40 days after the filing of the notice of appeal. Transcript: The transcript is transmitted along with the record, according to the same deadline. Briefs: The Prothonotary’s Office informs the parties of the time requirements applicable in the case in a briefing notice. In the typical appeal, the appellant’s brief is due 40 days after the record is received by the Prothonotary; the appellee’s brief is due 30 days after appellant’s brief is served; the reply brief, if any, is due 14 days after the service of the appellee’s brief.
Docketing practices: Once all briefs have been filed, the case will be placed on either an argument or a submission list. Cases will be sent by the Prothonotary to the Court in the order they become ready.
Argument before the Court is not a right. If the Court does hear oral argument, notification will be made by the Prothonotary at least 30 days in advance. Otherwise, the case is considered only on the record and briefs. Three judges will decide the case.
Screening for settlement conferences/mediation programs: There is no mediation program at the appellate level.
Opinions (published, unpublished, per curiam/memorandum): There is no right to a written opinion. All opinions of the Supreme Court are published. All opinions of the intermediate appellate courts are published in the official reports, with the exception of memorandum opinions. Texas: Bexar, Dallas, El Paso, and Houston Counties Site Profile (2001-2002)
Court Information
Name: Texas Court of Appeals Supreme Court of Texas
Location: Court of Appeals First—Houston Fourth—San Antonio (has local rules) Fifth—Dallas (has local rules) Eighth—El Paso (has local rules) Fourteenth—Houston Supreme Court—Austin
Number of appellate judges: Court of Appeals—80 justices sit in panels of 3 Supreme Court—9 justices
Jurisdiction over general civil appeals: Court of Appeals—Mandatory jurisdiction Supreme Court—Discretionary jurisdiction
Caseload composition for: All cases, 2002 Filings: Court of Appeals—11,984 Supreme Court—1,301 Opinions issued: Supreme Court—135
Appellate Procedures
When and where is the notice of appeal filed? Court of Appeals—The appellant must file a notice of appeal within 30 days after the judgment is signed. Notice of the appeal is filed with the trial court clerk, and copied to the Court of Appeals.
Supreme Court—A petition for review must be filed with the Supreme Court clerk within 45 days after the date the court of appeals rendered judgment, if no motion for rehearing is timely filed; or the date of the court of appeals’ last ruling on all timely filed motions for rehearing.
Time frame for Preparation of the record: The appellate record must be filed in the appellate court within 60 days after the judgment is signed. Briefs: Court of Appeals—The appellant’s brief is due 30 days after the later of either the clerk’s record being filed or the reporter’s record being filed. The appellee’s brief is due 30 days after the appellant’s brief is filed. The reply brief is due 20 days after the appellee’s brief is filed. Supreme Court—The appellant’s brief is due within 30 days after review is granted; the respondent’s brief is due within 20 days after the petitioner’s brief is filed. The reply brief is filed 15 days after the respondent’s brief is filed.
Docketing practices: In the Fourth Court of Appeals, each appellant must file a docketing statement and attach a signed copy of the judgment or order being appealed; the docketing statement must be filed in the Fourth District Court of Appeals when the notice of appeal is filed.
In the Eighth Court of Appeals, each appellant should file a docketing statement when the notice of appeal is filed, or as shortly as possible thereafter.
Calendar assignments: Unless a Court of Appeals with more than three justices votes to decide a case en banc, a case must be assigned for decision to a panel of the court consisting of three justices. Not every member of the panel must be present for argument. If the case is decided without argument, three justices must participate in the decision. A majority of the panel, which constitutes a quorum, must agree on the judgment. Except as otherwise provided in the court rules, a panel's opinion constitutes the court's opinion, and the court must render a judgment in accordance with the panel’s opinion.
Screening for settlement conferences/mediation programs: The Fourth Court of Appeals and the Eighth Court of Appeals may refer civil cases to alternative dispute resolution on a party’s motion or on the court’s own initiative after reviewing the docketing statement.
Opinions (published, unpublished, per curiam/memorandum):
Court of Appeals—The Court of Appeals must hand down a written opinion that is as brief as practicable but addresses every issue raised and necessary to final disposition of the appeal. Each opinion of the court must be designated either an opinion or a memorandum opinion. A majority of the justices who participate in considering a case must determine whether the opinion will be signed by a justice or will be per curiam and whether it will be designated an opinion or memorandum opinion. The names of the participating justices must be noted on all written opinions or orders of the court or a panel of the court. All opinions of the Court of Appeals are open to the public and must be made available to public reporting services, print or electronic. If the issues are settled, the court should write a brief memorandum opinion no longer than necessary to advise the parties of the court's decision and the basic reasons for it. An opinion may not be designated a memorandum opinion if the author of a concurrence or dissent opposes that designation. An opinion must be designated a memorandum opinion unless it does any of the following: establishes a new rule of law, alters or modifies an existing rule, or applies an existing rule to a novel fact situation likely to recur in future cases; involves issues of constitutional law or other legal issues important to the jurisprudence of Texas; criticizes existing law; or resolves an apparent conflict of authority. A court en banc may change a panel's designation of an opinion. Opinions not designated for publication by the court of appeals under these or prior rules have no precedential value but may be cited with the notation "(not designated for publication)." Only a justice who participated in the decision of a case may file or join in an opinion concurring in or dissenting from the judgment of the court of appeals. Any justice on the court may file an opinion in connection with a denial of a hearing or rehearing en banc.
Supreme Court—The Supreme Court will hand down a written opinion in all cases in which it renders a judgment. The clerk will send a copy of the opinion and judgment to the court of appeals clerk, the trial court clerk, the regional administrative judge, and all parties to the appeal. A majority of the judges will determine whether an opinion will be signed by a judge or issued per curiam, and whether the opinion (or a portion of the opinion) will be published. Unpublished opinions have no precedential value and must not be cited as authority by counsel or by a court. Any judge may file an opinion dissenting from or concurring in the Court's judgment.
Virginia: Fairfax County Site Profile (2001-2002)
Court Information
Name: Supreme Court of Virginia
Location: Richmond
Number of appellate judges: Seven justices
Jurisdiction over general civil appeals: General civil cases are appealed directly from the trial court to the Supreme Court. Virginia does not allow an appeal to the Supreme Court as a matter of right except in cases involving the State Corporation Commission, the disbarment of an attorney, or review of the death penalty.
Caseload composition for: All cases, 2002 Filings: 3,026 Opinions issued: 136
Appellate Procedures
When and where is the notice of appeal filed? The notice of appeal is filed with the trial court within 30 days after the entry of final judgment or other appealable order or decree.
Time frame for Preparation of the record: The clerk of the trial court shall prepare the record as soon as possible after the notice of appeal is filed. Transcript: The transcript of any proceeding is part of the record when it is filed in the office of the clerk of the trial court within 60 days after entry of judgment. In lieu of a transcript, a written statement of facts, testimony, and other incidents of the case, which may include or consist of a portion of the transcript, becomes a part of the record when it is filed in the office of the clerk of the trial court within 55 days after entry of judgment and signed by the trial judge. Briefs: The appellant’s brief is to be filed in the office of the clerk of the Supreme Court within 40 days after the date of the certificate of appeal (issued when the appeal is granted). The appellee’s brief is to be filed in the office of the clerk of the Supreme Court within 25 days after the filing of the appellant’s brief. The appellant may file a reply brief in the office of the clerk of the Supreme Court within 14 days after the filing of the appellee’s brief.
Docketing practices: Promptly after a petition for appeal has been granted, the clerk of the Court of Appeals shall certify this action to counsel for the appellant, counsel for the appellee, and the tribunal from which the appeal is taken. The case shall be considered mature for purposes of further proceedings from the date of such certificate. Cases shall be placed on the docket when they mature.
Screening for settlement conferences/mediation programs: There is a voluntary mediation program. No screening takes place.
Opinions (published, unpublished, per curiam/memorandum): Written opinions of the Supreme Court are published in the official reports. Washington: King County Site Profile (2001-2002)
Court Information
Name: Washington Court of Appeals, Division I Washington Supreme Court
Location: Court of Appeals, Division I—Seattle Supreme Court—Olympia
Number of appellate judges: Court of Appeals, Division I—10 judges Supreme Court—9 justices
Jurisdiction over general civil appeals: Court of Appeals—Mandatory jurisdiction Supreme Court—Discretionary jurisdiction
Caseload composition for: All cases, 2002 Filings: Court of Appeals—4,323 Supreme Court—1,369 Opinions issued: Court of Appeals—1,846 Supreme Court—129
Appellate Procedures
When and where is the notice of appeal filed? Court of Appeals—A notice of appeal is filed in the trial court within 30 days after the entry of the decision of the trial court.
Supreme Court—A petition for review of a decision of the Court of Appeals by the Supreme Court must be filed in the Court of Appeals within 30 days after the decision of the Court of Appeals is filed.
Time frame for Preparation of the record: Court of Appeals—The record of appeal must be completed within 90 days after the notice of appeal is filed. Supreme Court—The record in the Court of Appeals is the record on review in the Supreme Court.
Transcript: Court of Appeals—The transcript must be filed 90 days after review is accepted. Briefs: Court of Appeals—The appellant’s brief should be filed with the appellate court within 45 days after the report of proceedings is filed in the trial court. The respondent’s should be filed with the appellate court within 30 days after the service of the brief of the appellant. The appellant’s reply brief should be filed with the appellate court within 30 days after the service of the brief of the respondent, unless oral argument is set fewer than 30 days after the brief of the respondent is filed. In that instance, the reply brief must be filed at least 14 days before oral argument. Supreme Court—Within 30 days after the acceptance by the Supreme Court of a petition for review, any party may file and serve a supplemental brief. No response to a supplemental brief may be filed or served except by leave of the Supreme Court.
Screening for settlement conferences/mediation programs: A settlement conference may be held in a civil appeal when directed by the Court of Appeals or when all parties to the appeal agree that a conference would be beneficial.
Opinions (published, unpublished, per curiam/memorandum): All opinions of the Supreme Court are published in the official reports. The Court of Appeals panel determines whether a Court of Appeals decision has sufficient precedential value to warrant publication.
Wisconsin: Milwaukee County Site Profile (2001-2002)
Court Information
Name: Wisconsin Court of Appeals
Location: Milwaukee
Number of appellate judges: 16 judges (total for all 4 districts) sitting in panels of 3
Jurisdiction over general civil appeals: Mandatory jurisdiction
Caseload composition for: All cases and districts, 2002 Filings: 3,342 Opinions issued: 761
Appellate Procedures
When and where is the notice of appeal filed? A notice of appeal must be filed with the clerk of the circuit court in which the judgment or order appealed from was entered. An appeal in a civil case must be filed within 90 days of entry of the judgment or order appealed from. However, any party may shorten the appeal time to 45 days by giving the other party written notice of entry of judgment or order within 21 days of entry.
Time frame for Preparation of the record: The clerk of the circuit court shall transmit the record to the Court of Appeals as soon as the record is prepared, but in no event more than 15 days after the filing of the notice of appeal. Transcript: A person filing a notice of intent to appeal shall request a transcript within 15 days after filing notice. The court reporter has 30 days after transcript is requested to file the transcript with the circuit court. Briefs: The appellant’s brief must be filed with the Court of Appeals no later than 40 days after the record is filed. The respondent’s brief must be filed within the later of 30 days from service of the appellant’s brief, 30 days after the court accepts the appellant’s brief for filing, or 30 days after the date on which the record is filed in the clerk’s office. The appellant’s reply brief must be filed 15 days after the respondent’s brief is serviced or filed.
Opinions (published, unpublished, per curiam/memorandum): The judges of the Court of Appeals who join in an opinion in an appeal shall make a recommendation on whether the opinion should be published. Any person may file at any time a request that an opinion not recommended for publication be published in the official reports. Generally, the court does not publish opinions in one-judge appeals, per curiam decisions on issues other than appellate jurisdiction or procedure, or summary disposition orders.