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Rule 42. Transfer ofcase from Supreme Court to Court of Appeals.

(a) Discretion of Supreme Court to transfer. At any timebefore a case is set for oral argument before the Supreme Court, the Court maytransfer to the Court of Appeals any case except those cases within the SupremeCourt's exclusive jurisdiction. The order of transfer shall be issued withoutopinion, written or oral, as to the merits of the appeal or the reasons for thetransfer.

(b) Notice of order of transfer. Upon entry of the order oftransfer the Clerk of the Supreme Court shall give notice of entry of the orderof transfer by mail to each party to the proceeding and to the clerk of thetrial court. Upon entry of the order of transfer, the Clerk of the SupremeCourt shall transfer the original of the order and the case, including therecord and file of the case from the trial court, all papers filed in theSupreme Court, and a written statement of all docket entries in the case up toand including the order of transfer, to the Clerk of the Court of Appeals.

(c) Receipt of order of transfer by Court of Appeals. Uponreceipt of the original order of transfer from the Clerk of the Supreme Court,the Clerk of the Court of Appeals shall enter the appeal upon the Court ofAppeals docket. The Clerk of the Court of Appeals shall immediately give noticeto each party to the proceeding and to the clerk of the trial court that theappeal has been docketed and that all further filings will be made with theClerk of the Court of Appeals. The notice shall state the docket numberassigned to the case in the Court of Appeals.

(d) Filing or transfer of appeal record. If the record onappeal has not been filed with the Clerk of the Supreme Court as of the date ofthe order of transfer, the Clerk of the Supreme Court shall notify the clerk ofthe trial court that upon completion of the conditions for filing the record bythat court, the clerk shall transmit the record on appeal to the Clerk of theCourt of Appeals. If, however, the record on appeal has already beentransmitted to and filed with the Clerk of the Supreme Court as of the date ofthe entry of the order of transfer, the Clerk of the Supreme Court shalltransmit the record on appeal to the Clerk of the Court of Appeals within fivedays of the date of the entry of the order of transfer.

(e) Subsequent proceedings before Court of Appeals. Uponreceipt by the Clerk of the Court of Appeals of the order of transfer and theentry thereof upon the docket of the Court of Appeals, the case shall proceedbefore the Court of Appeals to final decision and disposition as in otherappellate cases pursuant to these rules.

ADVISORY COMMITTEE NOTE

Former Rules 4A and 4B have been renumbered as Rules 42 and43 respectively and included in a new title governing the certification andtransfer of cases between courts. The amendments make uniform the practicesfollowed by the two appellate courts in transferring cases.