Rule 27-2 Motions: Disposition

(a) Motions Determined by the Clerk.

(1) Unless the ruling is determinative of the merits of the appeal, the Clerk may rule upon the following motions without referring them to the Court or a justice:

(A) Routine, unopposed motions; and

(B) Motions to extend time for filing briefs pursuant to Rule 31-1.

(2) The Clerk may not rule upon motions to:

(A) Extend time to file a petition for rehearing; or

(B) File a document if the time period specified in these rules for filing the document, including any previous extensions, has already expired when the motion is filed.

(b) Motions Determined by a Single Justice. Any motion may be decided by a single justice except those described in section (c) of this rule, a contested motion to dismiss, or a motion that is otherwise determinative of the merits of the appeal. A justice has the discretion to refer any motion determinable by a single justice to the full Court for decision.

(c) Motions Determined by the Full Court.

(1) The following motions must be decided by the full Court:

(A) Motions that would have the effect of determining the merits of a proceeding;

(B) Motions to reconsider an order entered by a single justice; and

(C) Motions referred to the full Court by a single justice;

(2) Notwithstanding Rule 27-2(c)(1), a single justice may enter an order that is necessary to prevent irreparable harm while a motion is pending before the full Court.

(d) Motion to Reconsider. A party who is aggrieved by an order on a motion may move to have the order reconsidered.

(1) Filing. The aggrieved party must file a motion to reconsider within 10 days after being served with a copy of the order.

(2) Response.

(A) Within 7 days after being served with a motion to reconsider an order entered by the Clerk or a single justice, the non-moving party may file a response.

(B) No reply to a motion to reconsider an order entered by the full Court is permitted unless requested by the Court.

(3) Determination.

(A) A motion to reconsider an order entered by the Clerk shall be decided by a single justice, unless the single justice refers the motion to the full Court.

(B) A motion to reconsider an order entered by a single justice shall be decided by the full Court.

(C) A motion to reconsider an order entered by the full Court shall be decided by the full Court.

(e) Disposition of a Motion for a Procedural Order. The Court may act on a motion for a procedural order at any time without awaiting a response. A party adversely affected by the Court’s or the Clerk’s action may file a motion to reconsider, vacate, or modify that action. Timely opposition filed after the motion is granted in whole or in part does not constitute a request to reconsider, vacate, or modify the disposition; a motion requesting that relief must be filed.