Determination of Jurisdiction

(A) Time to review (1) (a) After the time for filing jurisdictional memoranda has passed, the Supreme Court will review the jurisdictional memoranda filed and determine whether to accept the appeal and decide the case on the merits. (b) If the appeal involves termination of parental rights or adoption of a minor child, or both, or the setting or denial of bail, the Supreme Court will expedite its review and determination. (2) (a) If the appellee has filed a waiver in lieu of a memorandum in response, the Supreme Court may review the memorandum in support of jurisdiction and determine whether to accept the appeal before the deadline for filing the memorandum in response. Upon review of the memorandum in support of jurisdiction and (b) notwithstanding the appellee’s filing of a waiver, the Supreme Court may direct the appellee to file a memorandum in response before it decides whether to accept the appeal. (3) The Supreme Court may hold its determination of whether to accept a jurisdictional appeal pending the outcome of any other case before the Supreme Court that may involve a dispositive issue. (B) Decision on jurisdiction Upon review of the jurisdictional memoranda, the Supreme Court shall do one of the following: Accept the appeal and order that the case be briefed in accordance with (1) Section 16; 51 Accept the appeal and postpone or deny briefing on the merits due to (2) another case that is pending before the Supreme Court; (3) Accept the appeal and enter judgment summarily; (4) Decline to accept the appeal; (5) Take any other action the Supreme Court deems appropriate. (C) Jurisdictional memorandum from state solicitor In any jurisdictional appeal in which the state is not a party but nevertheless may have an interest, the Supreme Court may invite the state solicitor to file a jurisdictional memorandum expressing the views of the state before making its determination of jurisdiction. Effective Date: June 1, 1994 Amended: April 1, 1996; April 1, 2000; April 1, 2002; July 1, 2004; January 1, 2008; January 1, 2010; January 1, 2013; April 1, 2025