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Rule 55. Petition on appeal.

(a) Filing; dismissal for failure totimely file. The appellant must file with the clerk of the Court of Appeals a petitionon appeal within 15 days from the filing of the notice of appeal or the amendednotice of appeal. The petition will be deemed filed on the date of the postmarkif first-class mail is used. If the petition on appeal is not timely filed, thecourt may dismiss the appeal or take other appropriate action. The petitionmust be accompanied by proof of service. The appellant must serve a copy oncounsel of record of each party, including the Guardian ad Litem, or, if theparty is not represented by counsel, then on the party at the party?s lastknown address, in the manner prescribed in Rule 21(c).

(b) Preparation by trial counsel. Thepetition on appeal must be prepared by appellant?s trial counsel. Trial counselmay only be relieved of this obligation by the juvenile court upon a showing ofextraordinary circumstances. Claims of ineffective assistance of counsel do notconstitute extraordinary circumstances but should be raised by trial counsel inthe petition on appeal.

(c) Format. All petitions on appeal mustsubstantially comply with the Petition on Appeal form that accompanies theserules. The petition must not exceed 15 pages, excluding the attachmentsrequired by Rule 55(d)(7). The petition must be typewritten, printed orprepared by photocopying or other duplicating or copying process that willproduce clear, black and permanent copies equally legible to printing, onopaque, unglazed paper 8 inches wide and 11 inches long. Paper may be recycledpaper, with or without deinking. The printing must be double spaced, except formatter customarily single spaced and indented. Margins must be at least oneinch on the top, bottom and sides of each page. Page numbers may appear in themargins. Either a proportionally spaced or monospaced typeface in a plain,roman style may be used. A proportionally spaced typeface must be 13-point orlarger for both text and footnotes. Examples are CG Times, Times New Roman, NewCentury, Bookman and Garamond. A monospaced typeface may not contain more thanten characters per inch for both text and footnotes. Examples are Pica andCourier.

(d) Contents. The petition on appeal mustinclude all of the following elements:

(d)(1) A statement of the nature of thecase and the relief sought.

(d)(2) The entry date of the judgment ororder on appeal.

(d)(3) The date and disposition of anypost-judgment motions.

(d)(4) A concise statement of thematerial adjudicated facts as they relate to the issues presented in thepetition on appeal.

(d)(5) A statement of the legal issuespresented for appeal, how they were preserved for appeal, and the applicablestandard of review. The issue statements should be concise in nature, settingforth specific legal questions. General, conclusory statements such as"the juvenile court?s ruling is not supported by law or the facts"are not acceptable.

(d)(6) The petition should includesupporting statutes, case law, and other legal authority for each issue raised,including authority contrary to appellant?s case, if known.

(d)(7) The petition on appeal must haveattached to it:

(d)(7)(A) a copy of the order, judgment,or decree on appeal;

(d)(7)(B) a copy of any rulings onpost-judgment motions.

 

 

Effective May 1, 2018