Rule 7 Suspension of Rules
Rule Text
(a) On its own for good cause or by a party’s motion, and in the interests of fairness or judicial economy, the trial court may suspend or modify any provision of these rules in a particular case and order proceedings as it directs. Appendix of Forms Form 1.Docketing Statement ____________________________________ IN THE SUPERIOR COURT OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS ____________________________________ ADMINISTRATIVE APPEALS DOCKETING STATEMENT Name of case and case number as they appear on the agency final order:
Agency:
TIMELINESS OF APPEAL Date of entry of order appealed from:
Date of filing of petition for appeal:
FINALITY OF ADMINISTRATIVE ORDER Is the order appealed from a final decision on the merits as to all issues and parties?
G Yes G No If not, what type of order are you appealing? CASE INFORMATION State briefly the nature of the case, the relief sought and the outcome at the agency (attach an additional sheet if necessary).
Does the agency decision contain factual (evidentiary) errors? G Yes G No If so, please list the evidentiary errors briefly (attach an additional sheet if necessary).
Does the agency order contain legal errors (errors of law)? G Yes G No If so, please list the errors of law briefly (attach an additional sheet if necessary).
CASE MANAGEMENT INFORMATION Name of Party filing this appeal (petitioner):
Attorney filing the appeal on behalf of the petitioner:
Do you wish to make an oral presentation to the court? G Yes G No List counsel for each party to the case at the agency. If a party is not represented by counsel, provide the requested information for that party. Include name, firm name, address and telephone number (attach an additional sheet if necessary). If there are multiple petitioners add their names on an additional sheet, accompanied by a certification that all petitioners concur in this filing.
Signature:______________________________ Printed Name: ___________________________ CNMI Bar Number (if applicable):____________________ Date:______________________________ Administrative Appeal Docketing Statement Instructions:
1. A docketing statement must be filed for every administrative agency case appealed to the Superior Court.
2. Please attach additional pages, if any, containing extended answers to questions on this form, a copy of the agency final order or decision from which the appeal is taken, and a certificate of service, verifying that you have served the petition and this docketing statement upon all of the parties to the agency proceeding, the agency itself and the Office of the Attorney General.
3. The completed administrative appeal docketing statement must be served upon all parties to the agency proceeding, including those parties not represented by counsel, the agency itself, and the Office of the Attorney General. The administrative appeal docketing statement must be in the form approved by the Superior Court or in a substantially similar format.
3. Only one administrative appeal docketing statement should be filed for each petition for appeal. If more than one party joins in a petition for appeal, they must select one party who is responsible for filing the administrative appeal docketing statement.
4. The administrative appeal docketing statement should briefly address all of the points or issues to be raised in the appeal. However, it is not the appropriate document for making arguments or motions. Conclusory statements, such as “the decision of the agency is not supported by the law or the facts,” are unacceptable.
5. While every effort should be made to include in the administrative appeal docketing statement all issues to be presented to the trial court, the omission of an issue from the statement will not affect the jurisdiction of the trial court to consider all issues presented by the appeal.
6. If another party to the proceeding believes that the administrative appeal docketing statement is inaccurate or incomplete, that issue should be addressed at the first appearance before the trial court.