Rule 39 Transfers of Actions or Proceedings to and from Supreme Court.

(a) Applications for Transfer to Supreme Court. All applications to transfer an action or proceeding to the Supreme Court pursuant to 4 V.I.C. § 32(d) must contain a statement (i) summarizing the action or proceeding and whether the matter raises purely legal questions or requires findings of fact, (ii) identifying the issues of public importance raised in the case, (iii) explaining why those issues are of such urgency that use of the normal appellate process would be inadequate, and (iv) providing any other reasons why a transfer to the Supreme Court would promote the administration of justice. Proceedings on an application for transfer to the Supreme Court shall conform, so far as is practicable, to the procedure for extraordinary writs prescribed in Supreme Court Rules 13(a) and (b). In the event an application for transfer is granted, the Supreme Court shall, by order, establish the specific procedures to govern the action or proceeding.

(b) Applications for Transfer from Supreme Court. All applications to transfer an action or proceeding from the Supreme Court to any other court within the judicial branch pursuant to 4 V.I.C. § 32(d) must contain a statement (i) identifying the court to which a transfer is sought; (ii) explaining the basis for the other court’s jurisdiction over the subject matter and the parties; and (iii) providing any other reasons why a transfer from the Supreme Court to another court would promote the administration of justice. Proceedings on an application for transfer from the Supreme Court shall conform, so far as is practicable, to the procedure for consideration and filing of motions. In the event an application for transfer is granted, the rules of the court to which the action or proceeding is transferred shall govern the action or proceeding after transfer.

(c) Docketing of Applications. All applications to transfer an action or proceeding from a court or administrative agency to the Supreme Court brought pursuant to Rule 39(a) shall be docketed by the Clerk of the Supreme Court as original civil proceedings, captioned as “In re [party bringing application].” However, all applications to transfer an action or proceeding from the Supreme Court to another court brought pursuant to Rule 39(b) shall be filed as motions within the existing Supreme Court case.