Effect of Pending Motion to Certify a Conflict upon a Jurisdictional Appeal

(A) General (1) If a party has perfected a jurisdictional appeal with the Supreme Court in accordance with Rule 7.01(A), but also has timely moved the court of appeals to certify a conflict in the case, that party shall file a notice with the Supreme Court that a motion to certify a conflict is pending in the court of appeals. (2) The Supreme Court may stay consideration of the jurisdictional memoranda filed in the jurisdictional appeal until the court of appeals has determined whether to certify a conflict in the case. (B) Determination of no conflict by the court of appeals (1) If the court of appeals determines that a conflict does not exist, the party that moved the court of appeals to certify a conflict shall immediately file a notice of that determination with the Supreme Court. In accordance with Rule 7.08, the Supreme Court will consider the jurisdictional (2) memoranda filed in the jurisdictional appeal. (C) Determination of conflict by the court of appeals (1) If both a certified conflict and jurisdictional appeal are perfected, the Supreme Court will review the court of appeals order certifying a conflict when it reviews the jurisdictional memoranda filed by the parties. 50 In accordance with Rules 7.08 and 8.02, the Supreme Court will issue an order (2) determining both whether a conflict exists and whether to accept the jurisdictional appeal, and consolidating the cases if necessary. Effective Date: June 1, 1994 Amended: April 1, 1996; April 1, 2000; June 1, 2000; July 1, 2004; January 1, 2008; January 1, 2010; January 1, 2013; April 1, 2025