§ 10A-1-5-103. Time for filing petition - Briefing schedule – Priority basis expediting of adjudication.  


Latest version.
  • A.  All appeals of cases involving deprived or allegedly deprived children, including termination of parental rights, shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the order appealed from.  The record on appeal shall be completed within sixty (60) days from the date of the order.

    B.  The briefing schedule is established as follows:

    1.  Appellant's brief in chief shall be filed twenty (20) days after the trial court clerk notifies all parties that the record is complete and such notice has been filed in the office of the Clerk of the Supreme Court;

    2.  Appellee's answer brief shall be filed fifteen (15) days after the appellant's brief in chief is filed; and

    3.  Appellant's reply brief may be filed within ten (10) days after the appellee's answer brief is filed.

    C.  1.  Adjudication of the appeals described in this section shall be expedited by the Supreme Court and a decision shall be rendered on a priority basis in all cases.

    2.  The term “priority basis” as used in this section means that a decision shall be filed within six (6) months from the date the briefing is completed.

Added by Laws 1981, c. 289, § 8, eff. Oct. 1, 1981.  Amended by Laws 1995, c. 352, § 37, eff. July 1, 1995.  Renumbered from § 1123.2 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 200, § 9, eff. Nov. 1, 1996; Laws 2009, c. 233, § 50, emerg. eff. May 21, 2009.  Renumbered from § 7003-6.4 of Title 10 by Laws 2009, c. 233, § 268, emerg. eff. May 21, 2009.