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Rule 7.041

Rule 7.041: Summary Disposition

Section Appellate Practice
(a)   On the Court’s Initiative. In a case in which it appears that a controlling appellate decision is dispositive of the appeal, the court may summarily affirm or reverse, citing in its order of summary disposition this rule and the controlling decision. The order may be entered on the court’s initiative after 14 days’ notice to the parties, citing the decision deemed controlling and providing an opportunity to show cause why the order should not be filed.

(b)   On a Party’s Motion. During the pendency of an appeal, a party may move for summary disposition, citing a controlling appellate decision that is dispositive of the appeal. The motion must be served on all parties, who may respond no later than 14 days after the motion is served. On expiration of the time to respond, the court may enter an order summarily affirming or reversing, or denying the motion.
[History: New rule effective July 16, 1980; Am. effective July 1, 2010; Restyled rule effective July 1, 2012.]

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