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SUPREME COURT APPEAL PROCESS

 

October 20, 2006

 


1.  The Supreme Court will evaluate whether or not this case should be mediated.  This will likely take as long as a month.

2.  If the case is ordered to mediation, the parties will have about sixty days to complete the mediation.  We do not expect that the case will be ordered to mediation.

3.  If the case is not ordered to mediation or if the case is mediated but not settled, the parties will then wait for the Circuit Court Clerk to assemble all of the court file into order of filing and number the pages consecutively.  This is called the record on appeal.  This is generally completed within one month.  Upon completion of the record on appeal, the Circuit Court Clerk will notify the parties.

4.  The Defendant will have four weeks upon completion of the record on appeal to file their brief.  During this same time frame, other parties will need to file a motion to allow an amicus brief and, at the same time, file the brief.

5.  Once Defendantís brief is filed, the Plaintiff will have three weeks to file their brief.

6.  When the Plaintiff's brief is filed, the Defendant will have two weeks to file a reply brief.

7.  Once the Defendantís final brief is submitted, the Court will take all of the briefs under consideration.  It may or may not require the parties to appear for oral argument.  Oral argument is allowed in very few cases.  It would be our guess that oral argument will not be allowed in this case.

8.  The Court issues a decision.  There is no time line for when a decision will be issued.  It is unlikely to be any earlier than six months from now.  The most likely time is about one year from now.  The Court can hold the case much longer before issuing any decision.  There is no requirement that a decision be issued within any specific time.