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Rule 13: Accelerated Civil Appeal

Rule 13. Accelerated Civil Appeal. —

Counsel for parties to an appeal may stipulate that the appeal may be heard and considered by this Court as follows.

IN THE COURT OF APPEALS OF TENNESSEE

AT _____________

 

STIPULATION FOR ACCELERATED CIVIL APPEAL

The undersigned counsel for the parties stipulate that this appeal may be heard and considered by the Court of Appeals as follows:

1. Procedures. Appeal procedures shall be followed according to applicable statutes and the Tennessee Rules of Appellate Procedure and the Rules of Civil Procedure, except as they may conflict with these stipulated procedures. No changes may be made to this form.

2. At Issue. These appeal procedures are no different than any other civil appeal until the briefs have been filed and the case is at issue.

3. Priority for Oral Argument. Oral argument, if requested, will be accelerated and set within 60 days after the case is at issue or 60 days after this stipulation is filed, whichever is later.

Check One:

________ Oral argument is requested.

________ Oral argument is not requested.

4. Oral Argument. Each party is entitled to oral argument as in any other civil appeal.

5. Oral Decision by Court. After arguments are presented, the court will take a short recess and confer. An oral decision will be made from the bench when the court reconvenes. Reasons for the decision will be stated by the court. If the court finds it is unable to rule without further deliberation, an oral decision will not be made, and the court will enter its written order as provided in paragraph 7.

6. No Written Opinion. A written decision in the form of a published opinion or unpublished memorandum is waived by the parties.

7. Written Order. The decision of the court will be incorporated in a written order following argument.

8. Review by Tennessee Supreme Court Waived. The Court of Appeals will consider a motion for rehearing as in any other civil appeal following the entry of the written order deciding the case. Review by the Tennessee Supreme Court is waived.

9. Suspension of Rules. The filing of this stipulation for an accelerated appeal shall be deemed to be a motion to suspend any of the rules under Tenn. R. App. P. 2, which may be in conflict with these procedures.

At any time subsequent to the filing of this stipulation, either before or after oral argument, the court on its own motion may enter an order removing this case from the Accelerated Hearing Calendar and placing it on the Regular Calendar for disposition.

DATED this ________ day of ________, 20__.

__________________________________ __________________________________

__________________________________ __________________________________

 

IN THE COURT OF APPEALS OF TENNESSEE

AT _______________

 

ORDER ON STIPULATION FOR ACCELERATED CIVIL APPEAL

 

IT IS ORDERED that this case be placed upon the Accelerated Hearing Calendar for disposition in accordance with the stipulation of the parties.

ENTER: This the ________ day of ________, 20__.

____________________________

JUDGE

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