X § 4 Criminal Writ Applications

In criminal cases, a writ application shall contain:

A. An index of all items contained therein, including the required lower court judgments as stated in Section 4(E) of this Rule and other pleadings or documents as stated in Section 4(F) of this Rule;

B. A statement of which of the considerations set forth in Section 1(a) of this Rule is present in the case;

C. A memorandum, not exceeding twenty-five (25) pages, or in a capital post-conviction case, not exceeding fifty (50) pages, providing:

1. A concise statement of the case summarizing the nature of the case and prior proceedings;

2. An assignment of errors in the opinion, judgment, ruling or order complained of;

3. A summary of the argument which should be a succinct but accurate and clear condensation of the argument actually made within the body of the memorandum; it should not be a mere repetition of the headings under which the argument is arranged; and

4. An argument of each assignment of error on the facts and law, addressing particularly why the case is appropriate for review under the considerations stated in Section 1(A) of this Rule.

D. A verification, as required by Rule I, Section 1(F);

E. A copy of the dated judgment, order or ruling and opinion or reasons for judgment, if any, of the court of appeal, including rulings and opinions on rehearing or applications shall be attached to the writ application and properly indexed; and

F. An appendix, separately bound from the writ application, containing:

1. A copy of the charging document filed in the court of original jurisdiction, if specifically relevant to the writ application;

2. A copy of the minutes of the proceedings in the lower court, if specifically relevant to the judgment or order under review;

3. Copies of briefs of all parties filed in the court of appeal relevant to the issues raised by the application;

4. A copy of the order of the trial judge fixing the time for filing the application in this Court, if such be required by Rule I, Section 3, and of any extension thereof, or if a copy is not readily available, an affidavit of the applicant or counsel indicating the contents of the order and explaining why the order is not available;

5. The inclusion of other documents is discouraged, with the exception of transcripts of relevant judicial proceedings. The Court may require the submission of any additional documents or information that it deems useful to its consideration of the application; and

6. Applications in cases where an application has been previously filed and is pending may refer to the documents or exhibits attached to the previous application without the necessity of filing additional copies.

The appendix shall be filed in original only, and an index reflecting the contents shall be bound at the beginning of the appendix.

G. The Court may, sua sponte, require the application be supplemented with any missing item or any other documentation, information, or materials deemed necessary for the Court’s consideration of the matter.