Rule 17.

1997 Rules of Appellate Procedure

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RULE 17. COURT OF APPEALS UNABLE TO TAKE IMMEDIATE ACTION

17.1 Inability to Act. A court of appeals is unable to take immediate action if it cannot — within the time when action must be taken — assemble a panel because members of the court are ill, absent, or unavailable. A justice who is disqualified or recused is unavailable. A court of appeals’ inability to act immediately may be established by certificate of the clerk, a member of the court, or a party’s counsel, or by affidavit of a party.

17.2 Nearest Available Court of Appeals. If a court of appeals is unable to take immediate action, the nearest court of appeals that is able to take immediate action may do so with the same effect as the other court. The nearest court of appeals is the one whose courthouse is nearest — measured by a straight line — the courthouse of the trial court.

17.3 Further Proceedings. After acting or refusing to act, the nearest court of appeals must promptly send a copy of its order, and the original or a copy of any document presented to it, to the other court, which will conduct any further proceedings in the matter.

Notes and Comments
Comment to 1997 change: This is former Rule 16. The rule is rewritten and simplified.

Last modified: November 08, 2001