Rule 27-1 Emergency Motions
Article VII: General Provisions
Rule Text
(a) Requirements. If a movant certifies that to avoid irreparable harm relief is needed in less than 21 days, the motion shall be governed by the following requirements:
(1) Before filing the motion, the movant must make every practicable effort to notify the Clerk and opposing counsel, and to serve the motion at the earliest possible time.
(2) Any motion under this rule must state directly under the caption “Emergency Motion Under Rule 27-1.”
(3) A certificate of counsel for the movant, entitled “Rule 27-1 Certificate,” must follow the caption page and must contain:
(A) The names, telephone numbers, email addresses, and office addresses of the attorneys for all of the parties;
(B) Facts showing the existence and nature of the claimed emergency;
(C) When and how counsel for the other parties were notified and whether they have been served with the motion; or, if not notified and served, why that was not done.
(4) The motion shall state whether all grounds advanced in support thereof in this Court were submitted to the Superior Court, and, if not, why the motion should not be remanded or denied.
(b) Motions in Emergency Criminal Interlocutory Appeals. If emergency treatment is sought in an interlocutory criminal appeal, motions for expedition, summary affirmance or reversal, or dismissal, they may be filed pursuant to Rule 27-1. To avoid delay in the disposition of such motions, counsel should include with the motions all material that may bear upon the disposition of the appeal, including: a copy of the notice of appeal; Superior Court docket sheet, moving papers of the parties and any responses thereto filed in the Superior Court; the Superior Court’s order at issue; information concerning the scheduled trial date; information regarding co-defendants; and information concerning other counts contained in the information but not in issue.
(c) Conformity. Motions filed under this rule must otherwise conform to Rule 27.