Print Version
Previous PageFile uploaded: 3/25/2014

Rule 44. Transfer of improperly pursued appeals.

If a notice of appeal, a petition for permission to appeal from aninterlocutory order, or a petition for review is filed in a timely manner butis pursued in an appellate court that does not have jurisdiction in the case,the appellate court, either on its own motion or on motion of any party, shalltransfer the case, including the record on appeal, all motions and otherorders, and a copy of the docket entries, to the court with appellatejurisdiction in the case. The clerk of the transferring court shall give noticeto all parties and to the clerk of the trial court of the order transferringthe case. The time for filing all papers in a transferred case shall becalculated according to the time schedule of the receiving court.

Advisory Committee Note. Rule 44 permits the transfer of an appeal that is timely butimproperly filed between the Supreme Court and the Court of Appeals. ?It also permits the transfer of improperlyfiled petitions for review of informal adjudicative proceedings ofadministrative agencies from an appellate court to a district court that hasjurisdiction to review those proceedings.