Print Version
Previous PageFile uploaded: 4/3/2012

Rule 10. Motion for summarydisposition.

(a) Time for filing; groundsfor motion.

(a)(1)A party may move at anytime to dismiss the appeal or the petition for review on the basis that theappellate court lacks jurisdiction.

(a)(2)Within 10 days after thedocketing statement or an order granting a petition under Rule 5(e) is served,a party may move:

(a)(2)(A) To affirm the orderor judgment which is the subject of review on the basis that the grounds forreview are so insubstantial as not to merit further proceedings andconsideration by the appellate court; or

(a)(2)(B) To reverse the orderor judgment which is the subject of review on the basis of manifest error.

(b) Number of copies; form ofmotion. For matters pending in the Supreme Court, an original and seven copiesof a motion made pursuant to this rule shall be filed with the Clerk of theSupreme Court. For matters pending in the Court of Appeals, an original andfour copies shall be filed with the Clerk of the Court of Appeals. The motionshall be in the form prescribed by Rule 23.

(c) Filing of response. Theparty moved against shall have 10 days from the service of such a motion inwhich to file a response. For matters pending in the Supreme Court, an originalresponse and seven copies shall be filed in the Supreme Court. For matterspending in the Court of Appeals, an original response and four copies shall befiled in the Court of Appeals.

(d) Submission of motion;suspension of further proceedings. Upon the filing of a response or theexpiration of time therefor, the motion shall be submitted to the court forconsideration and an appropriate order. The time for taking other steps in theappellate procedure is suspended pending disposition of a motion to affirm orreverse or dismiss.

(e) Ruling of court. The court,upon its own motion, and on such notice as it directs, may dismiss an appeal orpetition for review if the court lacks jurisdiction; or may summarily affirmthe judgment or order which is the subject of review, if it plainly appearsthat no substantial question is presented; or may summarily reverse in cases ofmanifest error.

(f) Deferral of ruling. As toany issue raised by a motion for summary disposition, the court may defer itsruling until plenary presentation and consideration of the case.