Rule 1 Scope of Rules; Terms; Sessions; Seal; Filing in Superior Court.
Rule Text
(a) Title and Citation. These Rules shall be known as the Virgin Islands Rules of Appellate Procedure and may be cited in short-form as V.I. R. APP. P.
(b) Scope of Rules. These Rules govern procedure in all proceedings in the Supreme Court of the Virgin Islands [“Supreme Court”].
(c) Authority for Promulgation of Rules. These Rules are promulgated pursuant to the authority granted by V.I. CODE ANN. tit. 4, §§ 31(c) and 34(a), and section 3 of Act No. 6687, as enabled by sections 21(a) and (c) of the Revised Organic Act of 1954; 48 U.S.C. § 1613a. The Revised Organic Act of 1954 is found at 48 U.S.C. §§ 1541-1645 (1995), reprinted in V.I. CODE ANN., Historical Documents, Organic Acts, and U.S. Constitution at 73-177 (1995 & Supp. 1997) (preceding V.I. CODE ANN., tit. 1).
(d) Relationship to Previous Rules. These Rules supersede all previous appellate rules applicable to appeals from the Superior Court of the Virgin Islands Superior Court. They shall govern all appeals filed in this Court from the Superior Court on or after January 29, 2007. Appeals taken to and pending in the Appellate Division of the District Court prior to January 29, 2007 shall be governed by the appellate rules then in effect as promulgated by the Appellate Division of the District Court.
(e) Term of Court. There shall be one term of the Court which shall coincide with the calendar year. Oral arguments will be scheduled as provided in Rule 27 or as otherwise ordered by the Court.
(f) Court Sessions. The Court shall hold regular sessions on the island of St. Croix commencing on such dates as the Court shall designate. Other sessions may be held at any time or place within the Virgin Islands when so ordered by the Court.
(g) Court Seal. The seal of the Court shall be the seal specified by 4 V. I. C. § 21(d). The Clerk is the custodian of the seal, which is the means of authentication of all process, orders, and other papers requiring authentication by the Court.
(h) Filing in Superior Court. When these rules provide for filing a motion or other document in the Superior Court of the Virgin Islands, the procedure must comply with the practice of the Superior Court.
(i) Rules Not to Affect Jurisdiction. These rules shall not be considered to extend or limit the jurisdiction of the Supreme Court of the Virgin Islands as established by law. Where the time to appeal or seek other relief is set by statute, provisions in these rules for granting an enlargement or extension of time to file a notice of appeal or other document shall not be applicable to extend the statutory time limit.