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Supreme Court Rules
Section/Rule:
84.035
Subject:
Rule 84 - Rules of Civil Procedure - Rules Relating to All Appellate Courts - Procedure in All Appellate Courts
Publication / Adopted Date:
June 21, 2005
Topic:
Appeals from Orders Granting or Denying Class Certification
Revised / Effective Date:
January 1, 2009
84.035 Appeals from Orders Granting or Denying Class Certification
(
a
)
A party seeking permission to appeal from an order granting or denying class action certification shall file a petition for permission to appeal with the court of appeals within ten days of the entry of the order of which the party complains.
(
b
)
The petition shall include the following:
(1) The question presented;
(2) A concise statement of facts necessary to understand the question presented;
(3) The relief sought, if an appeal is granted;
(4) A concise statement of reasons why the appeal should be allowed;
(5) A request for stay, if one is being sought;
(6) A copy of the order complained of and any related opinion or memorandum and any other documents that may be essential to an understanding of the matters set forth in the petition. The documents shall be attached as exhibits. The pages of the exhibits shall be numbered consecutively. An index of all exhibits shall be attached;
(7) Proof of service of a copy of the petition and exhibits on the trial judge and all other parties to the underlying action.
(
c
)
A party may file a response opposing the petition, along with any other portions of the record, within ten days after the petition is filed.
(
d
)
An original and such number of copies as the court may require of all filings associated with a petition for appeal by permission shall be filed.
(
e
)
The petition to appeal will be decided on the basis of the petition and response without further briefing or oral argument unless the court otherwise orders.
(
f
)
If the petition is granted, the appellant shall file a notice of appeal along with the required docket fee and all necessary attachments with the appropriate circuit clerk within 10 days of entry of the order granting permission to appeal.
(
g
)
The appellant shall file a brief within 30 days of the filing of the notice of appeal in the circuit court. The respondent may file a brief within 20 days of the filing of the appellant’s brief. The appellant may file a reply brief within 10 days of the filing of the respondent’s brief.
(
h
)
The petition for permission to appeal, together with the attached exhibits, the response, and any portions of the record filed with the response by the party opposing the petition shall constitute the record, and no separate record need be prepared for the appellate court. Either party may supplement the appellate record by filing on or before the date the main brief is filed any additional portions of the trial court record and proceedings necessary to the determination of the questions presented on appeal.
(
i
)
The appeal of any order granting or denying class action certification shall not stay the proceedings in the trial court unless the trial judge or the appellate court so orders.
(
j
)
If the petition to appeal is denied, further review, if any, of the trial court’s order granting or denying class action certification shall be by petition for original remedial writ filed directly in this Court.
(Adopted June 21, 2005, eff. Jan. 1, 2006. Amended June 23, 2008, eff. Jan. 1, 2009.)
