(a) Timing and service. Any party seeking review of a decision of the Court of Appeals shall separately petition the Supreme Court. The petition with proof of service shall be filed with the clerk of the appellate courts within 30 days of the filing of the Court of Appeals' decision. A filing fee of $550 shall be paid to the clerk of the appellate courts.
(b) Failure to take other steps. A party's failure to take any step other than timely filing the petition does not require dismissal of the appeal, but permits any action the Supreme Court deems appropriate, including dismissal of the appeal.
Review of any decision of the Court of Appeals is discretionary with the Supreme Court. The following criteria may be considered:
(a) the question presented is an important one upon which the Supreme Court should rule; or
(b) the Court of Appeals has ruled on the constitutionality of a statute; or
(c) the lower courts have so far departed from the accepted and usual course of justice as to call for an exercise of the Supreme Court's supervisory powers; or
(d) a decision by the Supreme Court will help develop, clarify, or harmonize the law; and
(1) the case calls for the application of a new principle or policy; or
(2) the resolution of the question presented has possible statewide impact; or
(3) the question is likely to recur unless resolved by the Supreme Court.
The petition for review shall not exceed 2,000 words, exclusive of the caption, signature block, and addendum, and shall contain:
(a) a statement of the legal issues sought to be reviewed, and the disposition of those issues by the Court of Appeals;
(b) a statement of the criteria relied upon to support the petition, or other substantial and compelling reasons for review;
(c) a statement of the case, including disposition in the trial court or administrative agency and the Court of Appeals, and of those facts not addressed by the Court of Appeals relevant to the issues presented for review, with appropriate references to the record; and
(d) a brief argument in support of the petition.
The addendum, if filed, may contain the decision and opinion of the Court of Appeals, and shall otherwise be prepared as prescribed by Rule 130.02.
The petition and addendum shall be filed with the clerk of the appellate courts and shall be accompanied by a Certificate of Document Length.
An opposing party may file with the clerk of the appellate courts a response to the petition within 21 days of service. The response shall comply with the requirements set forth for the petition and shall contain proof of service. Any responding party may, in its response, also conditionally seek review of additional designated issues not raised by the petition. In the event of such conditional request, the party filing the initial petition for review shall not be entitled to file a response unless the court requests one on its own initiative.
A request for leave to participate in the appeal as amicus curiae is governed by Rule 129. An applicant who requests leave to participate as amicus if review is granted, and wants to include an argument on the question of granting review, shall file its request to participate as amicus not later than 14 days after the petition is filed.
(Amended effective July 1, 1989; amended effective for appeals taken on or after January 1, 1992; amended effective July 1, 1993; amended effective January 1, 1999; amended effective July 1, 2003; amended effective December 1, 2003; amended effective July 1, 2009; amended effective July 1, 2014; amended effective July 1, 2016; amended effective September 1, 2019; amended effective January 1, 2020.)
See Appendix for form of petition or review (Form 117).