(a) Petition for Permission to Appeal.
(1) To request permission to appeal when an appeal is within
the court of appealsí discretion, a party must file a
petition for permission to appeal. The petition must be
filed with the circuit clerk with proof of service on all
other parties to the district-court action.
(2) The petition must be filed within the time specified by
the statute or rule authorizing the appeal or, if no such
time is specified, within the time provided by Rule 4(a) for
filing a notice of appeal.
(3) If a party cannot petition for appeal unless the
district court first enters an order granting permission to
do so or stating that the necessary conditions are met, the
district court may amend its order, either on its own or in
response to a partyís motion, to include the required
permission or statement. In that event, the time to petition
runs from entry of the amended order.
(b) Contents of the Petition; Answer or Cross-Petition; Oral
(1) The petition must include the following:
(A) the facts necessary to understand the question
(B) the question itself;
(C) the relief sought;
(D) the reasons why the appeal should be allowed and is
authorized by a statute or rule; and
(E) an attached copy of:
(i) the order, decree, or judgment complained of and any
related opinion or memorandum, and
(ii) any order stating the district courtís permission
to appeal or finding that the necessary conditions are
(2) A party may file an answer in opposition or a
cross-petition within 10 days after the petition is served.
(3) The petition and answer will be submitted without oral
argument unless the court of appeals orders otherwise.
(c) Form of Papers; Number of Copies.
All papers must conform to Rule 32(c)(2). Except by the
courtís permission, a paper must not exceed 20 pages,
exclusive of the disclosure statement, the proof of service,
and the accompanying documents required by Rule 5(b)(1)(E). An
original and 3 copies must be filed unless the court requires
a different number by local rule or by order in a particular
(d) Grant of Permission; Fees; Cost Bond; Filing the Record.
(1) Within 14 days after the entry of the order granting
permission to appeal, the appellant must:
(A) pay the district clerk all required fees; and
(B) file a cost bond if required under Rule 7.
(2) A notice of appeal need not be filed. The date when the
order granting permission to appeal is entered serves as the
date of the notice of appeal for calculating time under
(3) The district clerk must notify the circuit clerk once
the petitioner has paid the fees. Upon receiving this
notice, the circuit clerk must enter the appeal on the
docket. The record must be forwarded and filed in accordance
with Rules 11 and 12(c).
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Last modified at 12/16/2009