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Court Rules of the Federated States of Micronesia |
RULES OF APPELLATE PROCEDURE
FOR THE FEDERATED STATES OF MICRONESIA
SUPREME COURT
APPELLATE DIVISION
a) SCOPE OF RULES. These rules govern procedure in appeals to the Federated States of Micronesia Supreme Court appellate division from the Federated States of Micronesia Supreme Court trial division, from trial proceedings before the Kosrae state court, from the highest appellate divisions of the state courts of Chuuk, Pohnpei, and Yap, and in applications for writs or other relief which the Federated States of Micronesia Supreme Court appellate division or a justice thereof is competent to give. When these rules provid ther the making of a motion or application in the court appealed from the procedure for making such motion or application shall be in accordance with the practice of that court.
(LES NOT TO AFFECT JURISDICTSDICTION. These rules shall not be cunstrued to extend or limit the jurisdiction of the Federated States of Micronesia Supreme Court appellate division as established by law.
(c) PLACE FOR FILING. Except by ord the , any papy papers requ required by these rules to be filed with the Federated States of Micronesia Supreme Court appellate divishall be filed with the Chief Clerk of the FSM Supreme Court in Pohnpei, who is also designasignated as the clerk of the appellate division. The address is Postce Box PBox PS-J, Palikir, Pohnpei FM 96941.
In the interest of expediting decisions, or for other good cause shown, the Federated States of Micronesia Supreme Court appellate division may, except as otherwise provided in Rule 26(b), suspend the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its discretion.
(a) FILING THE NOTICE OF APPEAL. An appeal permitted by these rules shall be taken by filing a notice of appeal with the clerk of the FSM Supreme Court trial division in the State in which the decision appealed from was made or, at the option of the appellant, directly with the clerk of the FSM Supreme Court appellate division. The notice of appeal be file filed within the time allowed by Rule 4 and the appellant shall serve copies of the notice upon all other parties to the litigation from which appeal is beingn.
In an appealppeal from any court other than the FSM Supreme Court trial division, the appellant shall also serve a copy of the notice of appeal upon the court appealed from. Fa of an appellant to take take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the Supreme Court apte division deems appropriaopriate, which may include dismissal of the appeal. Appeals by permi shall be t be taken in the manner prescribed by Rule 5.
(b) JOINT OR CONSOLIDATED APPEALS. If two or more ps are entitentitled to appeom a judgment or order and their interests are such as to m to make joinder practicable, they may file a joint notice of appeal, or min in appeal after filing separate timely notices of appealppeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the Supreme Court appellate division upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals.
(c) CONTENT OF THE NOTICE OF APPEAL. The notice of appeal specispecify the party or parties taking the appeal; shall designate the judgment, order or part thereof appealed from; shall nhe Federated States of Micronesia Supreme Court appellate division as the court to which thch the appeal is taken, shall provide the names of all parties in the proceeding appealed from, as well as the names, addresses and telephone numbers of the legal counsel in that proceeding, and shall include certification, as specified in Rule 25(d), of service upon all other parties. Form 1 in the Appendix of Forms is a suggested form of a notice of appeal. An appeal shall nodismissedissed for informality of form or title of the notice of appeal.
Rule 4. When Taken.
(a) APPEALS IN CIVIL CASES.
(A) from all fincisions of the the trial divisions of the Federated States of Micronesia Supreme Court and the Kosrae State Court, and of the CState Supreme Court appellate division; from final decisions of the highest state courts ints in Yap and Pohnpei if the cases require interpretation of the national Constitution, national law, or a treaty; and in other cases where appeals to this Court from final decisions of the highest state courts are permitted under the Constitution of those states;
(B) from interlocutory orders of the Federated States of Micronesia Supreme Court trial division granting, continuing, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify injunctions;
(C) from interlocutory orders ef the Federated States of Micronesia Supreme Court trial division appointing receivers, or refusing orders to wind up receiversor to take steps to accomplish the purposes thereof, such as directing sales or other dispodisposals of property;
(D) from interlocutory decrees of the Federated States of Micronesia Supreme Court trial division determining the rights and liabilities of the parties in admiralty cases; and
(E) in any other civil case in which an appeal to the FSM Supreme Court appellate division is permitted as a matter of law.
(2) Except as provided in ) of ) of this Rule 4
(3) If a timely notice of apps l is filed by a party, any other party may file a notice of appeal within 20 days after the date on which the first notice of appeal was filed, or within the otherwise prescribed by this Rule 4(a), whichever peer period last expires.
(4) If a timely motion under the Rules of Civil Procedure is filed in the Supreme Court Trial Division by any party: (i) for judgment under Rule 50(b); (ii) und>Rule 52(b) to amend or make additional findings of fact, whether or not an alteration tion of the judgment would be required if the motion is granted; (iii) under Rule 59 to alter or amend the judgment, or (iv) under Rule 59 for a new trial or for any equivalent relief under comparable rules of any state court from which an appeal may lie, the time for appeal for all parties shall run from the entry of the order denying a new trial or granting or denying any other such motion. A notice oeal filed before fore the disposition of any of the above motions shall have no effect. A new n of appeal must be f be filthin the prescribed time measured from the entry of the order disposing of the motion as pras provided above. No additional feell beired ired for such filing.
(5) The court appealed from, upon a showing of excusable nt or good cause, may extend the time for filing a notice of appeal upon motion filed not laot later than 30 days after the expirationhe time prescribed by this Rule 4(a). Any such such motiich is fiis filed before expiration of the prescribed time may be ex parte unless the court otherwise requires. Notice of any sotion which hich is filed after expiration of the prescribee shall be given to the othe other parties in accordance with local rules. No such extension shall e 3eed 30 days past such preed time or 10 days from them the date of entry of the order granting the motion, whichever occurs later.
(6) A judgor ors entered withinithin the meaning of this Rule 4(a) when it is entered in compliance with Rules 58 and 79<) of the Rules of Civil Procedure, or an equivalent rule of a state court.
(b) >(b) APPEALS IN CRIMINAL CASES. In nal cases appeals are pere permitted from: (1) all final decisif the Tthe Trial Division of the Federated States of Mesia me Court and of the Kosrae state court, (2) all final decisions of the Chuuk Stat State Supe Supreme Court appellate division, and (3 final decisions of the hige highest state courts in Pohnpei and Yap if the cases require an interpretation of the national Constitution, national law, or a treaty.
The notice of appeal by a defendant shall be filed as provided in Rule 3 within 10 days after the entry of the judgment appealed from. A noticappeal filed after tter the announcement of a decision, sentence or order but before entry of the judgment shall be treated as filed after such entry and on the day thereof. If a timely n in t of judgmjudgment or t or for a new trial on any ground other than newly discovered evidence has been made, an appeal from a jut of conviction may be taken within 10 days after the entry of an order denying the motion.tion. A motion for a new trial based on the ground of newly discovered evidence will similarly extend the time for appeal from a judgment of conviction if the motiomade before or within 10 days after entry of the judgment. A jut is entered with withiwithin the meaning of this subdivision when it is filed. Upon a showing cusable negl neglect the court appealed from may, before or after the time has expired, witwithout motion and notice, ice, extend the time for filing a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this subdivision.
Rule 5. Appeals by Permission.
(a) PETITION FOR PERMISSO APPEAAPPEAL. When a justice o Federated ated States of Micronesia Supreme Court trivision, in making in a civil action an order not otherwise appealable under Rule 4(a/u>(a), shall be of the opinion that such orderlves a controlling questionstion of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, the justice shall so state in writing in such order. The remaining artXI, sectioection 3 justice(s) of the Federated States of Micronesia Supreme Court, acting as the appellate division, may permit an appeal to be taken from such order, if application is made to the appellate division within 10 days after the entry of the order with proof of service on all other parties to the action in the court from which the appeal is being taken. Application forppeal under nder this Rule 5(a) shall not stay proceedings in the Federated States of Micronesia Supreme Court trial division unless the justice of the trial division or the Federated States of Micronesia Supreme Court appellate division or a justice thereof shall so order. An oray be amended to incluinclude the prescribed statement at any time, and permission to appeal may be sought within 10 days after entry of the order as amended.
(b) CONTENT OF ION; R. Th60;The peti petition shall contain a statement of the facts necessary to an understanding of the controlling questionaw determined by the order of the Supreme Court trial division; a statement of the questionstion itself; and a statement of the reasons why a substantial basis exists for a difference of opinion on the question and why an immediate appeal may materially advance the termination of the litigation. The petition shall include or have annexed thereto a copy of the order from which appeal is sought and of any findings of fact, conclusion of law, and opinion relating thereto. Within 10 after service of e of the ion and adverse party may fmay file an answer in opposition. The appion and answer shallshall be submitted without oral argumeness otherwise ordered.
(c) FORM OF PAPERSAPERS; NUMBER OR COPIES. All papers may be typten. &en. Three s shall be fileh the the othe original, but the court may require that additional copies be furnished. The Su Court appeldivishallshall the aphe appeal upon the docket.
If p>If permission to appeal is granted, the the record shall be transmitted and filedccordance with Rules 11 and 12(b). A no;A notice peal need notd not be filed.
Rule 6. Vacant.
Rule 7. Bond for costs on Appn Civi Civil Cases.
The court appealed may re an appellant tant to file a bond or provide other security in such form and amount as itas it finds necessary to ensure payment ofs on appeal in a civil case case. The provisions of Rule 8(b) apply to a surety upon a bond given pursuant to this rule.
Rule 8. Stay ornction Pending AppeaAppeal.
(a) STAY MUST ORDINARILY BE SOUGHT IN THE FIRSTANCE IN THE COURT APPEALED ALED FROM; MOTION FOR STAY IN THE SUPREME COURT APPELLATE DIVISION. Applin for a stay of the juhe judgment or order of the court appealed from pending appeal, or for approval of a supersedeas bond, or for an order suspending, modifyiestoring, or granting an injunction during the pendency of y of an appeal must ordinarily be made in the first instance in the court appealed from. A motion for such relief may be made to the Supreme Court appellate division or to a justice thereof, but the motion shall show that application to the court appealed from for the relief sought is not practicable, or that the court appealed from has denied the application, or has failed to afford the relief which the applicant requested, with any reasons given by the court appealed from for its action. The motion shall also the rthe reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute the motion shall be supported by affidavits or other sworn statements or copies th. With the motion shan shall be filed such parts of the record as are relevant. Reasonable notf the motion tion shall be given to all parties. The motion sha filed with tith the clerk and normally will be considered by all justices of the court eli to act with the appellate division in the case, but in excn exceptional cases where such procedure would be impracticable due to the requirements of time, the application may be made to and considered by a single justice of the Supreme Court.
(b) STAY MAY BE CONDITIONED UPON GIVING OF BOND; PROCEEDINGS AGAINST SURETIES. Relief available in upreme reme Court appellate division under this rule may be conditioned upon the filing of a bond or other appropriate security in the court appealed from. security is given in the form of a bond or stipulation or o or other undertaking with one or more sureties, each surety submits himself to the jurisdiction of the court appealed from and irrevocably appoints the clerk of court appealed from the surety's agent upon whom any papers affecting the surety's liability on the bond or undertaking may be served. The surety's liability may be enforced on motion in the court appealed from without the necessity of an independent action. The motion and such noticthe motion as the court appealed from prescribes may be served on the clerk of that court wurt who shall forthwith mail copies to theties if their addresses are known.
(c) STAYS IN CRI CASES. S160;Sta0;Stays in crimcase cases shall be had in accordance with the provisions of Rule 38(a) of the Rules of Criminal Procedure.
Rule 9. Releases in Criminses.
(a) &#a) APPEALS FROM ORDESPECTING RING RENG RELEASE ENTERED PRIOR TO A JUDGMENT OR CONVICTION. An appeal by andant fromrde order refusing release or imposing conditions of release shall be determined ined promptly. Upon entry of an order refusing se or imposing conditions of release, the court appealed from shall state orally on the rece record or in writing the reasons for the action taken. The appeal e heard by a jusa justice of the appellate division without the necessity of briefs after reasonable notice to the appellee upon such papers, affidavits, and portions of the record as the parties shall present, including any statement of the reasons of the court appealed from explaining the denial of release, or conditions. The appellate division orst justice thereof may order the release of the appellant pending this appeal.
(b) RELEASE PENDING APPEAL FROMDGMENT OF CONVICTION. Application for release after a judgment of conviction shall be made made in the first instance in the court apd from. If the court appealed fefusrefuses release pending appeal, or imposes conditinditions of release, that court shall state orally on the record or in writing the reasons for the action taken. Thereafter, if an appealend pending, a motion for release, or for modification of the conditions of release, pending review may be made to the Supreme Court appellate division or to a ce thereof. The motion shall bermined pned promptly utly upon such papers, affidavits, and portions of the record as the parties shall present, including any statement of reasons of the court appealed from explaining the denial of release, or conditions and after reasonable notice to the appellee. The Supreme Court aate divi division or a justice thereof may order the release of the appellant pending disposition of the motion.
(c) CRITERIA FOR RELEASE. A perso has been convict anct an offense and has filed aled an appeal shall be released in accordance with the below-stated provisions only if the court believes one oe conditions of release will reasonably assure thre that that the person will not flee or pose a danger to any other person or to the community. If the court cdes that no s no such a risk of flight or danger exists and it appears that the appeal is not for purpose of delay, and raises a substantial question of law or fact likely to result in: (1) ral; (2) an order for afor a new trial; (3) a sentence that does not include a term of imprisonment; or (4) a reduced sentence to a term of imprisonment less tha total of the time already served, shall be released.   The n of establishing the rthe requisite criteria rests with the defendant.
(d) PROVISI RELEASE. The ;The person shallrdereddered released on personal recognizance or upon xecution of an unsecured aped appearance bond in an amount specified by the court only if the court determines, in the exercise of its dison, that such a release wile will reasonably assure that the person will not flee and will not pose a danger to any other person or to community. Unless such armination is m is made, the court shall either in lieu of, or in addition to, the above methods of release, impose the first of the following conditions of release which will reasonably assure that the person will not flee or pose a danger to any other persons or to the community, or, if no single condition gives that assurance, an combination of the following conditions:
(1) place the person in the dy tody of a designated person or organization agreeing to supervise the person;
(2) place restrictions on the movement, association, or place of abode of the person during triod of release;
(3) require the execution of an appearance bond in a specified amount and the deposit in the try of the court, in cash oash or other security as directed, of a sum not to exceed 10 per centum of the amount of the bond, such de to be returned upon the pehe performance of the conditions of release;
(4) requireexecution of a bail bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof; or
(5) impoy other condition deemadeemasonably necessary to give the assurance as required, incluincluding confinement or a condition requiring that the person return to cy after specified hours.
In determining which cich conditions of release will reasonably give the assurance, the judicial officer shall, on the basis of available information, take into account the nature and circumstance of the offense charged, the accused's family ties, employment, financial resources, character and mental condition, the length of the accused's residence in the community, the accused's record of convictions, record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings and the accused's record of compliance with orders of courts and reasonable instructions of law enforcement officers. The judicial officer may coso consider other factors, such as facility in nonlocal languages and experience and connections with communities elsewhere, that may bear upon the likelihood of the person attempting to flom the locale in which the the appeal is pending.
A judicial officer authorizing the release of a person under this section shall issue an appropriate order containing a statement of the conditions imposed, if any.
Rule 10. Therd on Appeal.
(a) COMPOSITION OF THE RECORAPPN APPEAL. The original papered and exnd exhibits aed into evidence or relied upon for demonstration purposes in the court proceedings appealepealed from, the transcript of proceedingsgnate ordered by the pthe parties, if any, and a certified list list of the documents and exhibits, showing filing dates and party, and hearings held in the case, prepared by the clerk of the court appealed from, shall constitute the record on appeal in all cases.
Exhibits denied admission in the proceedings appealed from shall not be part of the record unless the denial is at issue in the appeal. The prence report of a just justice ombudsman or probation officer shall not be part of the record on appeal unless the sentence decreed is at issue on appeal.
(b) THE TRANSCRIPT OF PROCGS; DGS; DUTY OF APPELLANT TO ORDER; NOTICE TO APPELLEE IF PARTIAL TRANSCRIPT IS ORDERED.
(1) Within 10 days after g the the notice of appeal a final judgment of a trial court, the appellant shall reql request from the reporter a transcript only of such parts of the proceednot already on file as the appellant deems necessary.   The st shall be in writing ting and within the same period the appellant shall file copies of the request with the clerk of the court appealed from and with the Chief Clerk of the FSM Supreme courellate division.
Comment: A comptranscript often is u is unnecessary to the full consideration of an appeal. In particular, trapts of heof hearings of arguments on motions are rarely of use to an appellate court. Moreosome entire hearings, such such as hearings on discovery motions, or an initial appearance in criminal proceedings, typically would be superfluous. Requests for nontial portioortions of transcripts frequently contribute to delay and expense. Counsel also are to endeavndeavor to enter into stipulations to alleviate the necessity of, or to reduce the length of transcripts.
#160;If the appellant intends to urge on appeal that a finding or conclusion is unsupportedorted by the evidence or is contrary to the evidence, the appellant shall include in the record a transcript of all evidence relevant to such finding or conclusion.
(3) Unless the entianscript is t is to be included, the appellant in an appeal from the decision of a trial court shall, within the 10 days time provide in (b)(1) of this Rule 10, file a statement of the issues the appellant intends to present on the appeal and shall serve the statement on the appellee together with a copy of the request for transcript. If the lee deems a transcrinscript of other parts of the proceedings necessary, the appellee shall, within 10 days after the service ofstatement of issues and request of appellant for a transcript, file and serve on the appellppellant a designation of additional parts to be included. Unless wi10 days after serv service of such designation the appellant has requested such parts, and has so notified the appellee, the appellee may either request the parts or move in the court appealed from for an order requiring the appellant to do so.
(4) At the time of requesting n transcript, a party must make arrangements with the reporter for payment of the cost of the transcript in accordance with the requirements of General Court Order No. 1985-7.
(c) ;STATEMENT OF THE EVIDENCE ENCE OR PROCEEDINGS WHEN NO REPORT WAS MADE OR WHEN THE TRANSCRIPT IS UNAVAILABLE. If no report of tidence or e or proceedings at a hearing or trial was made, or if a full and satisfactory transcript is unavailable, the appellan prepare a statement of the evidence or proceedings from the best available means, includinluding the appellant's recollection. The statement shall be served on the appellee, who may serve objections or propose amendments thereto within 10 days after service. Thereupon the statement an any objections or proposed amendments shall be submitted to the court appealed from for settlement approval and as settled and approved shall be included by the clerk of the court appealed from in the record on appeal.
(d) AGREED STATEMENT A RECORD OORD ON APPEAL. In lieuhe record on appeal peal as defined in subdivision (a) of this rule, the parties may prepare and sign a statement of the case showing how the issues presented by the appeal arose and were decin the court appealed from arom and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issues presented. If the statement cms to theo the truth, it together with such additions as the court may consider necessary fully to present the issues raised by the appeal, shall be approved by the court appealed from and shaen be certified to the Supr Supreme Court appellate division as the record on appeal and transmitted thereto by the clerk of the court appealed from within the time provided by Rule 11. Copies of this agreed statement may be filed as part of the appendix required by Rule 30.
(e) CORRECTION ORFICATION OF THOF THE RECORD. Ifdifference arises as to w to whether the record truly discloses what occurred in the court appealed from, the difference shall be submitted to and settled at cond the record madd made to conform to the truth. If a;If anythiterial to eito either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the court appealed from, or the Supreme Court appellate divi at any time may direct that that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmitted. All othestions as to the fohe form and content of the record shall be presented to the Supreme Court appellate division.
Rule 11. Transmission of the Re<
(a) DUTY E APPELLANT. Eac0;Each appellanall complcomply with the provisions of Rule 10(b) and shall take any other action necessary to enable the clerk to ass, cerand tit the the record. A single reshall ball be trbe transmitted.
(b) #160;DUTY OF RER TO PREPAREEPARE AND FILE TRANSCRIPT; NOTICE TO THE SUPREME COURT APPELLATE DIVISION. Upon recof a request for a or a transcript, the reporter shall acknge receipt at the foot of the request and indicate the date date, not more than fifty (50) days after receipt of the request for trant, on which the reporter exer expects to have the transcript completed. The reporter shall tranthe the request, so endorsed, to the clerk of the Supreme Court appellate division with a copy to the clerk of the court appealed from. If the transcriptot beletedleted within 50 days of receipt of the request thst the reporter shall request an extension of time from the clerk of the Se appellate division and the action of the clerk of the Supreme Court appellate division shon shall be entered on the docket and the parties notified. In the eof the failure of t of the reporter to file the transcript within the time allowed, the clerk of the Supreme Court appellate division shall notify the parties and the judge or justice of the court appealed from and take such other steps as may be directed by the Supreme Court appellate division. Upon completion of thescripscript the reporter shall file it with the clerk of the court appealed from and shall notify the clerk of the Supreme Court appellate division.
Rule 10.
The clerk should assemble the filed papers in sequence according to filing dates, beginning with the first document filed and ending with the last filed document. Thrk's certified list of doof documents, exhibits and hearings should be at the beginning of the record and shall serve as a table of contents. Each page of the ll record cord should be nud in sequence, at the lowerlower right corner, with each document and the paper thereof marked consecutively on the lower left corner>e.g., 1-1, 1-2, 1-3, indicating the first three pages ages of the earliest filed document in the case).
The filed papers so assembled shall be bound in a volume or volumes. Ahibits introduced and admi admitted, or relied upon for demonstration purposes in the court proceedings below may be similarly bound in a separate volume or placed in the same volume with the ce of the record, located ated after the last page of the documents filed in court.
Upon completion of assembly of the entire record as discussed above, including the transcript, the clerk of the court appealed from shall file with the chief clerk of the appellate division a certificate stating that the record is ready for the purpose of the appeal. This "record ready ficate,"ate," including a copy of the certified list of the documents filed, shall be submitted as soon as possible but no later within 60 days after filing of the notice of appeal. If the recan not be compleompleompleted by that time, the clerk of the court appealed from shall, before expiration of the 60 days, submit in writing to the appellate division chief clerk, an explanati reasons for the delay and and a request for extension of time.
(d) TEMPORARY RETE OF RECORD INRD IN THE COURT APPEALED FROM FOR USE IN PREPARING APPELLATE PAPERS; DUTY OF CLERK TO TRANSMIT THE RECORD. Unless wise ordered by the the apte division, the record initially shall remain in the custocustody of the clerk of the trial court for the use of the parties in prep their briefs and the appendix referred to in Rule 30.  Upoeipt of the brief of appf appellee, the appellant shall request the clerk of the court appealed from to transmit the record for appeal to the clerk of the Supreme Court appellate division. cuments of unusual bulk or k or weight, physical exhibits other than documents, and such other parts of the record as the Supreme Court appellate division may designate, shall not be transmitted unless the clerk is directed to do so by a party or by the clerk of the Supreme Court appellate division. A party must make ce arrangrrangements with the clerks for transportation and receipt of exhibits of unusual bulk or weight.
(e) RECOR PRELIMINARY HEARING IING IN THE SUPREME COURT APPELLATE DON. If prior to the tthe time the record is transmitted a party desires to make in the Supreme Court appellate division a motio dismissal, for release, foe, for a stay pending appeal, for additional security on the bond on appeal or on a supersedeas bond, or for any intermediate order, the clerk of the court appealed from at the request of any party shall transmit to the Supreme Court appellate division such parts of the original record as any party shall designate.
Rule 12. Docketing the Appealing of g of the Record.
(a) DOCKETING THE APPEA160;Upon;Upon receipt of the copy of the notice of appeal a the docket entries, transmitted by the clerk of the court appealed from pursuant to Rulu>Rule 10(c), the clerk of the Supremet appellate division shall hall enter the appeal upon the docket, under the appellant's name, with the names of the other parties to be added to the title as appropriate.
(b) FILI THE RECORD, PARTIAL REAL RECORD, OR CERTIFICATE. Upon receipt e "record read ready certificate" from the clerk of the court appealed from pursuant to Rule 11(c), the clerk of theeme Cappellate divisiovision shall file it and shall immediately give notice to all parties of t of the date on which it was filed and the date, 40 days after this notice from the appellate division clerk, when appellant's brief will be due.
Rule 13. Vacant.
Rule Rule 21. Writs of Mandamus and Prohibition Directed to a Judge or Judges and Other Extraordinary Writs.
(a) MANDAMUPROHIN TO GE OR J OR J OR JUSTICE; PETITION FOR WRIT; SERVICE ANCE AND FILING. Application for a writ of mandamus or of prohibition ted to a judge or justice shall be made by filing a petition therefor with the clerk of thef the Supreme Court appellate division witof of service on the respondent judge or justice and on alln all parties to the action in the trial court. The petition shall cn a staa statement of the facts necessary to an understanding of the issues presented by the application; a statement of the issresented and the relief sought; a statement of the reasons why the writ should issue; and cand copies of any order or opinion or parts of the record which may be essential to an understanding of the matters set forth in the petition. Upon receipt of a pet confoconforming to the above requirements, the clerk shall file the petition and submit it to any remaining article XI, sect justice(s) of the Supreme Court appellate division who are not the subject of the acti action.
(b) ORDER DIRECANSWER; DENIAL. IAL. The remainu>article XI, sec, section 3 justice(s) of the Federated States of Micronesia Supreme C acting as the appellate division, are eligible to consider the petition. If the rema remaining fulljime justice(s) are of the opinion that the writ clearly should not be granted, they shall deny the petition. Otherwise, they sorder that that an answer bed. The order shall be served by the clerk on the jude judge or justice named respondent and on all other parties to the actionhe trial court. All parties below othan then the peti petitioner shall also be deemed respondents for all purposes. Two or more resnts may answ answer jointly. If a judge or justice named respondent does not desire to appear in the proceeding, the judge or ju may so advise the clerk and all parties by letter, but the petition shall not thereby be t be taken as admitted. The clerk shavise the partiparties of the dates on which briefs are to be filed, if briefs are required, and of the date of oral argument. Thceeding shall be given preference over ordinary civil cases. Thaining article XIle XI, sXI, section 3 justices of the Supreme Court to whom the petition is submitted may sit as the appellate division hearing the case or, if there are fewer than three, maytheir discretion, seek appo appointment of a temporary justice pursuant to the special assignment powers of the chief justice under article XI, section 9 of the Constitution.
(c) OTHER EXTRAORDINARY WRITS60 Application for extraordinary writs other than those provided for in subdivisions (a) and (b) of this rule shall be made by petition filed with the clerthe Se Court appellate division with proof of service vice on the parties named as respondents. nts. Proceedings on such application shall conform, so far as is practicable, to the procedure prescribed in subdivision (a) and (b) of this rule.
(d) &FORM OF PAPERS; NUMBER OF COPIES. All papers may be typewritten. Three copies shall ball be filed with the original, but the court may direct that additional copies be furnished.
Rule 22. Habeas Corpus Proces.
(a)0;APPLICATION FOR THE ORIGIORIGINAL WRIT. An application to the Suprome Court of the Federated States of Micronesia for a writ beas corpus shall be made to the Supreme Court trial divisiivision. If an application is made to or transferred to the Supreme trial division and denied,nied, the proper remedy is by appeal to the Supreme Court appellate division from the order of the Supremet trial division denying the writ.
(b) NE60;NECESSI CERTIFICATE OFTE OF PROBABLE CAUSE FOR APPEAL. In a habeas corroceeding inng in which the detention complained of arises out of process issued by a state court, an appeal by the applicar the may not proceed ceed unless a Federated States of Micronesia Supreme Court justice issues sues a certificate of probable cause. If an appeal is taken by the applicant, the Supreme Court justice who rendered the judgment shall either issue a certificate of probable cause or state the reasons why such a certificate should not issue. The certificate e statementement shall be forwarded to the Supreme Court appellate division with the notice of appeal and the file of the proceedings in the Supreme Court trialsion. The notice of appeal may be deemed to constitute a re a request for a certificate of probable cause addressed to any remaining article XI, section 3 justice, sitting individually. If an appeal is taken by a state or its representative, a certificate of probable cause is not required.
Rule 23. Custody of Prisoners in Habeas Corpus Proceedings.
(a) TRANSFER OF CUSTODY PENDIVI REVIEW. #160;Pending review decisiocision in a habeas corpus proceeding commenced e a justice of the Federated States of Micronesia Supreme Ceme Court for the release of a prisoner, a person having custody of the prisonell not transfer custody to y to another unless such transfer is directed in accordance with the provisions of this rule. Upon aation of a custodian dian showing a need therefor, the court rendering the decision may make an order authorizing transfer and ping for the substitution of the successor custodian as a party.
(b) DETENDETENTION LEASE OF PRIF PRISONER PENDING REVIEW OF DECISION FAILING TO RELEASE. Pending review of a decisain failing or refusing to release a prisoner in such a prong, the prisoner may be detained in the custody from which hich release is sought, or in other appropriate custody, or may be releasen the prisoner's recognizannizance, with or without surety, as may appear fitting to the justice rendering the decision, or to the Supreme Court appellate division or a justice thereof.
(c) RELEASE OF PRISONER PG REVI REVIEW OF DECISION ORDERING RELEASE. Pending review of asion ordn ordering the release of a prisoner in such a proceeding, the prisoner shall be red upon the prisoner's own recognizance, with or without surt surety, unless the justice rendering the decision or the Supreme Court appellate division or a justice thereof, shall otherwise order.
Rule 24. Proceedin Forma Pauperis.
(a) LEAVE TO PROCEED ON L IN FOIN FORMA PAUPERIS. A paro desires to proceed oeed on appeal in forma pauperis file in the court appealed from a motion for leave so to p to proceed, together with an affidavit showing, in the detail prescribed by Foof the Appendix of Forms, tms, the party's inability to pay fees and costs or to give security therefor, the party's belief that the party is entitled to redress, and a statement of the issues which the party intends to present on appeal. If the motion isted, the pahe party may proceed without further application to the Supreme Court appellate division and without prepayment of fe costs in either court or the giving of security therefor, except as provided in General Coal Court Order 1985-7. If the motionenied, the coue court appealed from shall state in writing the reasons for the denial.
Notwithstanding the provisionthe preceding paragraph, a party who has been permitted to proceed in an action in the cour court appealed from in forma pauperis, or who has been permitted to proceed there as one who is financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization unless, before or after the notice of appeal is field, the court appealed from shall find that the party is not entitled so to proceed, in which event the court appealed from shall state in writing the reasons for such certification or finding.
If the court appealed from shall find that the party is not entitled to proceed in forma pauperis, the clerk of that court shall forthwith serve notice of such action. A motion for leo to proceedoceed may be filed in the Supreme Court appellate division within 30 days after service of notice of the action of turt appealed from. The motion sbe accompanied nied by a copy of the affidavit filed iled in the court appealed from or by the affidavit prescribed by the first paragraph of this subdivision if no affidavit has been filed in the court appealed from and by a copy of the statement of reasons given by the court appealed from for its action.
(b) Vacant.
(c) Vacant.
Rule 25. Filnd Service.
(a) FILING. Papers required omitted to d to be filed in the Supreme Court appellate division shall be filed with the clerk, as provided
in Rule 1(c). Filing may be accompl by mddressed to the clerk, but filing shall not be tibe timely mely unless the papers are received by
the clerk within the time fixed forng, except that briefs shall be deemed filed on the day of mailing if the most expeditious ious
form of delivery by mail, excepting special delivery, is utilized. If a motion requests relief which may be granted by a single
article XI, section 3 justice, the justice may permit the motion to be filed with the justice, and shall note thereon the date of filing and shall there
transmit it to the clerk. (b) SERVICE OF ALL S REQUIRED. RED. Copies of all s filed by anby any party and not required by these rules to be served by the
clerk shall, at or before the time of filing, be served by a party or person g for party on all othl other parties to the appeal
or review. &ew. Service on a party represented by counsel shall be made on counsel. (c) MANNER OF SE. Servicervice may be personal or by mail. Personal service ies deliveelivery e copy to a clerk or other responsible
person at the officeffice of counsel. Se by mail is complete on m on mailing. (d)0;PRO SERVICE. P160;Papers presented for giling shall cont contain an acknowledgement of service by the person served or proof
of se in the form of a statementement of the date and manner of service and of the names of the person served, certified by the person
who made service. Proof of serviceappear on o on or be affixed to the papers filed. The clerk mayit papers to b to be filed without
acknowledgement or proof of service but shall require such to be filed promptly thereafter. Rule 26. Comion atension of Time. (a) COMPUTOMPUTATION OF T #160;In computing any period of time prescribed or al by these rules, by an order of court, or by any applicable
statute, the day of the act, evt, event, or default from which the designperiotime begins to ruto run shall not be included. The
lahe last dathe period riod shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period extends
until the end of the next day which is not one of the aforementioned d When the period of tiof time prescribed or allowed is less
than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule "legal
holiday" includes Christmas, New Year's Day, Constitution Day (May 10), Independence Day (November 3) and any other day designated
as a holiday by the President or the Congress of the Federatetes of Micronesia. (b) ENLARGEMENT OF TIME. &#he cThe court for good cause shown may upon motion enlarge the time prescribed for doing any act, or may
permit an act to be done after the expiration of such time; but the Federated States ofonesia Supreme Court appellppellate division
may not enlarge the time for filing a notice of appeal, or a petition for permission to appeal. Nor may the court ge the tihe time
prescribed by law for filing a petition to enjoin, set aside, suspend, modify, enforce, or otherwise review, or a notice of appeal
from, an order of an administrative agency, board, commission, or officer of the Federated States of Micronesia except as specifically
authorized by law. (c) AONAL TIME AFTER SERVICE BYCE BY MAIL. Whenever a party is requir d or permitted to do an act within a prescribed period after
service of a paper upon thaty and the paper is served by mail, 6 days shall be added toed to the prescribed period. (a) ) CONOF MOTIONS; RESPONSE; REE; REPLY. Unless another form is elsewhere prescribed by theses, an application for an order
or other relief shall be made by filing a motion for such ouch order or relief with proof of service on aler parties. The motion
shall co or be a be accompaniepanied by any matter required by a specific provision of these rules governing such a motion, shall
state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If a motion is supported
be brief, affidavits, or other papers, they shall be served and filed with the motion. Any partyfile a response inse in opposition
to a motion other than one for a procedural order [for which see subdivision (b)], within 7 dfter service of the motion, but motions
authorized by Rules 8 and 9 may be acbe acted upon after reasonable notice, and the court may shorten or extend the time for responding to any motion. (b) DENATION OF MOTIONS FOR PROR PROCEDURAL ORDERS. Notwithstanding the provisions of (a) of this Rule 27 as to motions generally, motions for procedural ordercluding any motion under Rule 26(b), may be acted uped upon at any time, without awaiting a response, and pursuant to rule or order of the court, motions for specified
types of procedural orders may be disposed of by the clerk. Any party adversely affected by such action may by application to the
court request reconsideration, vacation, or modification of such action. (c) POWER OF A SINGLE JUSTICE TO ENTERTAIN MOTIONS. In addition to uthority expy expressly conferred by these rules or by law, a
single article XI, section 3 justice of the Supreme Court appellate division may enterand mant or deny any rany request for relief which under these rese rules
may properly be sought by motion, although a single justice may not dismiss or otherwise determine an appeal, except upon stipulation
of all parties, or upon failure of a party to comply with the timing requirements of these rules. The Supreme Court late divi division
may provide by order or rule that any motion or class of motions must be acted upon by the court. The action of a single justice
may be reviewed by the court. (d60;FORM OR PAPERS; NUMBERS BERS OF COPIES. All papers relating tions mons may be typewritten. The original, plus three additional
copies of each paper or brief shall be filed, but the court may require that more copies be furnished. (a)  BRIEF OF THE APPE. Th60;The ;The brief of the appellant shall contain under appropriate headings and in the order here
indicated: (1) A table of contents, with page references, and a taf caslphabetically arry arranged), statutes and other authoritierities cited,
with references to the pages of the brief where they are citp> (2) A statement of tsues presenresented foed for review. (3) A statementhe case. T160;The statement shirst irst indicate briefly the nature of the case, the course of proceedings, and its
disposition in the court below.  e shallow a statement of the facts relevant to the isse issues presented for review, with appropppropriate
references to the record (see subdivision (e)). (4) An argument. The art men be preceded by d by a summary. The argument shall contain the contentions of the appellant with respect
to the issues presented, and the reasons therefor, with citations to the auties, tes, arts ofts of the the record relied on. (5) A shortlusion stating thng thng the precise relief sought. (6) The addendum referred to in Rule 28(f), if required. (b) BRIEF OF THE AEE. The0;The bri the appellee shall conformnform to the requirements of subdivision (a) (1)-(6), except that a
statement of the issues or of the case needbe maless the appellee is dissatisfied with the statemtatement of the appellant and authorities
ties reproduced in the appellant's brief need not be included in the appellee's brief or addendum. (c) REPLY BRIEF.  appellantllant may file a brief in reply to the brief of the appellee, and if the appellee has cross-appealed,
the appellee may file a brief in reply to the ree of the appellant to the issues presented by the cross apps appeal. No further briefs
may be filed except with leave of court. (d) REFERENCES IN B TO PARTIES.TIES. Counsel will pected in thei their briefs and oral arguments to keep to a minimum references
to parties by such designations as "appellant" and "appellee." Clarity will be ped by use use of the designs used in the lower
court ourt or in the agency proceedings, or the actual names of parties, or descriptive terms such as "the emplo "the injured person,"
"the taxpayer," "the ship", "the stee stevedore," etc. (e) RNCES IN BRIEFS TO THE RECO RECORD. References in the briefs to parts of the record reproduced in the appendix filed with the
brief of the appellant (see (f) REPRODUCTIOSTATUTES, RULES,ULES, REGULATIONS, ETC. If determination of thees pues presented requires the study of statutes,
rules, regulations, etc., or relevant parereof, or of cases or other legal authorities which are note not available in a library
of the FSM Supreme Court, they shall be reproduced in the brief or in an addendum at the end, or they may be supplied to the court
in pamphlet form. (g) LENGTH IEFS. Except bept by permissionhef the court, principal briefs shall not exceed 50 pages, and reply briefs shall not
excee exclusive of pages containing the table of contents, table of citations, and any addendum ndum containing statutes, rules,
copies of cases, etc. (h) BRIN CASES INVOLVING CROSS ROSS APPEALS. If a cross appeal is filhe the plaintiff in the court below shall be deemed the appellant
for the purposes of this rule and Rule 31, unless the parties otherwise agree or the cotherwise orders. The brief of ppellee shall hall conl contain the issues and argument
involved in the appellee's appeal as well as the answer to the brief of the appellant. (i) BRIEFS IN CASES INVOLVING MULTIPLE APPELLANTS OR APPELLEES. In cases involving more than one appellant or appellee, including
cases consolidated for the purposes of the appeal, any number of e may join in a single brief, and any appellant or appellee llee
may adopt by reference any part of the brief of another. Parties may similarly join in reply briefs. (j) CITATIONS PPLEMENTAL AUTHORUTHORITIES. Whrtinent and significant aant authorities come to the attention of a party before decision,
a party may promptly advise the clerk of the court, by letter, w copyll counsel, settisetting forth the citations. There sere shall
reference ence either to the page of the brief or to a point argued orally to which the citations pertain, but the letter shall without
argument state the reasons for the supplemental citation160;Any response shall be m be made promptly and shall be similarly limited. Rule 29. Brief of an Amicus Curiae.//b> A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of granted on motion
or at the request of the court, except that consent or leave shall not bnot be required when the brief is presented by the Federated
States of Micronesia or an officer or agency thereof, or by a State. Thef may be conditionally flly filed with the motion for leave.
Aon for leave shall identifentify the interest of the applicant and shall state the reasons brief of an amicus curiae is desirable.
Save as all all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose position
as to affirmance or reversal the amicus brief will support unless the court for cause sshall grant leave for laterlater filing, in
which event it shall specify within what period an opposing party may answer. A motf an amicus curiae onle only for extraordinary
reasons. Rule 30. Appendix to the Briefs./p> (a) DUTY OF THE APPELLANPREPAREEPARE AND FILE; CONTENT OF APPENDIX; TIME TIME FOR FILING; NUMBER OF COPIES. Tpellant shrepare and
file file with appellant's brief an appendix to the brief which shall hall contain relevant and essential portions ofrecord, including
those parts to which the parties wish to direct the particular attention tion of the court. It is anticipated the appenappendix
shall normally include copies of the following, and no other documents, all preceded by the table of contentsribed in Rule 30(d): (1) the trial court docheet or t or the trialtrial court clerk's certified list referred to in Rule 10(a), or both; (2) the notice peal and any ordy order of the trial court under Rule 4<)(5) extending the time fore for filing the notice of appeal; (3) any relevant portion o plea pleadings which wouldally include, in civil case cases, the petition or complaint and answer and
the final pretrial order, if any, and, in criminal cases,information; (4) thgment or interlocerlocutoocutory order sought to be reviewed from which the appeal is taken or sought to be reviewed; (5) any supporting opinion, fgsdings of fact or conclusions of law filed or delivered orally by the court(s) below (opinions, findings
or conclusions delivered orally need not be reproduced on the appendix if they are cond in the transcript filed. led. In that event,
the appropriate pages of the filed transcript should be cited in the table of contents of the appendix); (6) any certification by tial cial court pursuant to art. XI, § 8 of the itution of the Federated Sted States of Micronesia, or Rule 9 of these rules. (7) subject to the alternativeided by Rule 30(e), (e), any exhibits relied upon by either party, or at issue, in the appeal; (8) any portirelien by counsel,nsel, of the transcript of proceedings in the court appealed from unless less these are reproduced
in a transcript . Except where they have independent relevance memoranda of law filed in the fohe forum appealed from should not be included in the
appendix. The fhat parts of the recorrecord are not included in the appendix shall not prevent the parties or the court from relying
on such part. The appellant shall serve and file the appendix with the appellant's brief. Fouies of the appendix shal shall be filed with the clerk,
and one copy shall be served by the appellant on counsel for each party ately represented. (b) DETERMINATION OF CONTENTS OF APPENDIX; COST OF PROF PRODUCING. The parties are encouraged to agree as to the contents of the
appendix, taking into consideration the guidelines for Rule 30(a). In the absence reemehe appe appellant shal shall, not later than 10 days after the date of notice by the clerk of the appellate
division pursuant toule 12(b) that the record is ready, serve on the appellee a designation of the parts ofts of the record which the appellant intends to include
in the appendix and a statement of the issues which the appellant intends to present for review. If the appedeems it necessacessary
to direct the particular attention of the court to parts of the record not designated by the appellant, ppellee shall, within ten
days after receipt of the designation, serve upon the appellant aant a designation of those parts. Thellant shall include in t in
the appendix the parts thus designated. In designating parts of tho record for inclusion in tpendix, the parties shall have regard
for the fact that the entire record is always availabailable to the court for reference and exaion and shall not engage in unnecessary
designation. Unless the parties otherwise agree, the cost of producing the appendix shall initially be paid by the appellant, but if the appellant
considers that parts of the record designated by the appellee for inclusion are unnecessary for the determination of the issues presented
the appellant may so advise the appellee and the appellee shall advance the cost of including such parts. The cost of producing
the appendix shall normally be taxed as costs in the case, but if either party shall cause matters to be included in the appendix
unnecessarily the court may impose the of producing such parts on the party. (c) VacanVacant. (d) ARRANGEMENT OF THE APPENDIX. At the beginninthe appendixendix there shall be inserted a table of contents listing the parts of
the record which the appendix contains, in ther in which the parts are set out, with references to the pages of the appendix at which
each each part begins. The document she in the orde order enumerated in Rule 30(a) and any other parts of the record shall follow, set out in chronological ord#160;When matter contained in the reporter's transcripts
of proceedings is set out in the athe appendix, the page of the transcript at which such matter may be found shall be indicated in
brackets immediately before the matter which is set out. Omissions e text of papers pers or of the transcripts must be indicated
by asterisks. Immaterial formal m (captioaptions, subscriptiacknowledgments, etc.) may be omitted. A question and its answer may
be contained in d in a single paragraph. (e) &REPRODUCTION OF EXHIBITS. Exhibits dated for incr incr inclusion may be contained in the appendix or in a separate volume, or
vs, suitably indexed. Four cour copies thereof shall be filed with the appendix and one copy shall be served on counsel for each
party separately represented. The tript of a proceeding bing before and administrative agency, board, commission or officer used
in an action in the trial court shall be regarded as an exhibit for the purpose of the this subdivision. (f) HEARING OEALS ON THE ORIGINRIGINAL RECORD WITHOUT THE NECESSITY OF AN APPENDIX. The appellate division my o by order in specific
cadispense with the requirement of an appendix and permit appeals to be heard on the originalginal record, with such copies of the
recor relevant parts thereof, as the court may require. Rule 31. Filing and Serof Briefss (a) TIME FOR SERVING AND FILING BRIEFS. The appellant shall serd find file a brief within 40 days after the date of n by the clerk
of the appellate division pursuant to Rule>Rule 12(b) that the record is ready. The lee shall serve and fibd fibrief within 30 days after fter service of the brief of the appellant.
The appellant may serve and file a reply brief within 30 after service of the brief of the appellant. The appellantllant may serve
and file a reply brief within 14 days after service of thef of the appellee, but, except for good cause shown, no repo reply brief
may be filed within the last 3 days before argument. Tpreme Court appellate divi division shall attempt to consider cases on the
merits promptly after briefs are filed, and may shorte periods prescribed above for serving and filing briefs, for specific cases. ( (b) NUMBER OF COPIES TO BE FILED AND SERVED. The original and tadditionational copies of each brief shall be filed with the clerk,
unless the court by ord a particular case shall direct another number. One copy shall be seon coun counsel fsel for each party separately
represented. (c) CONSEQUENCE OF FAILO FILE BILE BRIEFS. If an appelfails to file a le a brief within the time provided by rule, or within the
time aime as extended, an appellee may move for dismissal of the appeal. An appelleefails to file a le a brief not be heard at oral
argumergument except by permission of the court. (d) BRIEFS MUST BEED BY ATTORNETORNEY. riefs fileh the appellate date division must be signed by a by a person certified as an attorney
eligible to practice law before the ated s of Micronesia Supreme Court. Rulb>Rule 32. ForBriefs and Other ther Paer Papers. (a) FORM OF S. Briefs mays may be produced by standard typing or by any duplicating or copying process which produces a clear blaage
ote paper. Briefs iefs and appendices shall be bound in volumes having pages not exceeding 8ing 8 1/2 by 11 inches and type matter
not exceeding 6 1/2 by 9 1/2 inches, with double spacing between each line of text. The cover of the brief of the appellant should be blue; that of the appellee, red; that of an intervenor or amicus curiae, green;
that of any reply brief gray, and the cover of the appendix if separately bound, should be white. The front covers of the briefs
shall contain: (1) the name ofcourt and thnd the appellate division number of the case; (2) the title of the case (see Rule 12(a)); (3) the naturehe pring in the court (e.g., Appeal, Petition for Revi Review); (4) the title of the document (ent (e.g., Brief
for Appellant), and (5) the names and addresses and telephone and fax numbers of counsel representing the party on whose behalf the
document is filed. (b) FORM OF OTHER PAPERS. Petitions for rehearingl bell be produced in a manner prescribed by subdivision (a). Ms and other papers
may be y be typewritten upon opaque, unglazed paper 8 1/2 by 11 inches in size. Lines of typewrittxt she double spaced. ced. Consecutive
shshall be atta attached at the left margin. C160;Carbon copies maused fsed for filing arvice if they are legible. A motion or other paper addressed to the court shallshall contain a caption setting forth the name e court, the title of the case,
the file number and a briefbrief descriptive title indicating the purpose of the paper. Rule 33. Prehearing Confe.
The court may direct the attorneys for the parties to appear before the court or a justice thereof for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceeding by the court. The court or justice shall make an order which recites the actions taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admissions or agreements of counsel, and such order when entered controls the subsequent course of the proceeding, unless modified to prevent manifest injustice.
Rule 34. Oral Argument./p>
(
(a) IN GENERAL; ORAL ARGUMENT ALLOWED. Oral art shall be allowed iwed in all cases except as otherwise provided in these rules.
(c) ORDER RDER AND CONTENARGUMERGUMENT. The appellant istled to opeo open and conclude the argument. The opening argumeall incluinclude a fair statement of the case. Cl wil be permito read at l at length from briefs, reco records or authorities.
(d) &(d) CROSS AND ATE APPEALS.  ross parate appeal shal shall be argued with the initial appeal at a single argument, unless thes the court otherwise directs. If a case ies a cross appeal, the plaintiff in the action below shall hall be deemed the appellant for the purpose of this rule unless the parties otherwise agree or the court otherwise directs. If sepaappellants support tort the same argument, care shall be taken to avoid duplication of argument.
(e) NON-APPEARANCEARTIES.   If the appellee fao appear pear to presegument, the court will hear hear argument on behalf of the appellant, if present. If the appellant fails pearppear, the court mar art on behalf of thof the appellee, if his counsel is presentesent. Ifher party appears, the cahe case will decided on the briefsss the court shall otherwise order.
(f) S160;SUBMISSION IEFS.   By agreement of the es, a c, a case may beitted for decision on the bthe briefs, but the court may direct that the case be argued.
(g) USE OF PHYSICAL EXHIBI ARGU REMOVAL. I160;If physical exhibits ther than documeocuments are to be used at the argument, counsel
shall arrange to have theced in the court room before the court convenes on the date of the argument. After ther the argumentnselunsel
shall cause the exhibits to be removed from the court room unless the court otherwise directs. If exhibits are not reed byed by
counsel within aonable time after notice is given by the clerk, they shall hall be destroyed or otherwise disposed of as the clerk
shall think best.
Rule 35. Vacant.
Rule Rule 36le 36. Enf Judgment.
The notation of a judgment in the docket constitutes entry of the judgment. The clerk shall pr, sign, agn, and enter the judgment following receipt of thnion of the court unless thss the opinion directs settlement of the form of the judgment, in which event the clerk shall prepare, sigd enter the judgment followollowing final settlement by the court. The clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion and notice of the date of entry of the judgment.
Rule 37. Interest on Judgm
Unless otherwise provided by law, if a juda judgment for money in a civil case is affirmed, whatever interest is allby law shall be payable from the date the judgment was entered in the court appealed from. rom. If a judgment is modified or reversed with a direction that a judgment for money be entered in the court appealed from, the mandate shall contain instructions respect to allowance of interest.
Rule 38. Damagr Delay.
If the Supreme Court appellate division shall determine that an appeal frivolous, it may be awarded just damages and single or double costs, including attornfees, to the appellee.
Rule 39. Costs.
(a)   TO WHOM ALLOWED60;Except aspt as otherwise provided by law, if an appeal is dismissed, costs shall be taxed against the appellant unless otherwise agreed by the parties oered e court; if a juda judgment is affirmed, costs shall be taxe taxed against the appellant unless otherwise ordered; if judgment is reversed, costs shall be taxed against the appellee unless otherwise ordered; if a judgment is affirmed or reversed in part, or is vacated, costs shall be allowed only as ordered by the court.
(b) COSTS FOR ANINST THE FEDERAEDERATED STATES OF MICRONESIA. In cases involvin Federatedrated States of Micronesia or an agency or officer thereof, if an award of costs st the Federated States of Micronesia is authorized by law, law, costs shall be awarded in accordance with the provisions of subdivision (a); otherwise, costs shall not be awarded for or against the Federated States of Micronesia.
(c) COSTS OF BRIED COPIES OF REOF RECORDS. The cf printing or otherwiserwise producing necessary copies of briefs, appendices or copies of ds shall be taxable in the Supreme Court appellate division at rates not higher than those hose generally charged for such work in the area where the clerk's office is located.
(d) BILCOSTS; OBJECTIONS; COSTSCOSTS TO BE INSERTED IN MANDATE OR ADDED LATER. A party who desires sucts tsts to be taxed shall state them in an itemized and verified bill of costs which he shale with the clerk, with proh proof of service, within 14 days after the entry of judgment. Objectionthe bill of costs osts must be filed within 10 days of service on the party against whom costs are to be taxed unless the time is extended by the court. Terk sprepare and certify aify an itemized statement of cost costs taxed in the Supreme Court appellate division for insertion in the te, but the issuance of the mandate shall not be delayed for taxation of costs and if the mthe mandate has been issued before final determination of costs, the statement, or any amendment thereof, shall be added to the mandate upon request by the clerk of the Supreme Court appellate division to the clerk of the court appealed from.
(e) CON APPEAL TAXABLE IN THE CTHE COURT APPEALED FROM. Costs incurr the preparatioration and transmission of the record, the costs of the reporter's transcrip necessary for the determination of the appeal, the premiumemiums paid for costs of the supersedeas bonds or other bonds to preserve rights pending appeal, and the fee for filing the notice of appeal shall be taxed in the court appealed from as costs of the appeal in favor of the party entitled to costs under this rule.
Rule 40. Petition fhearing.
(a) TIME FOR FILING; CONTENT; ANSWER; ACTION BY COURT IF GRANTED. A petition for rehearing may be filed within 14 daysr entry of judgment unless the time is shortened or enlargelarged by order. The petition shall state with particularity the points o or fact which in the opinion of the petitioner the court hurt has overlooked or misapprehended and shall contain such argument in su of the petition as the petitioner desires to present.  Oraument in support of the the petition will not be permitted. Noer to a petition for rehe rehearing will be received unless requested by the court, but a petition for rehearing will ordin not anted in the abse absence of such a request. If a petition for ring is g is granted tted the court may make a final disposition of the cause without reargument or may restore it to the calendar for reargument or resubmission or make such other orders as aemed appropriate under the the circumstances of the particular case.
(b) FORM OF PON; LENGTH. #160;The petition sbe in a in a form prescribed by Rule 32(a), and copies shall be served and filed as prescribed by Rule 31(b) he se and filing of briefs. Except bmissionssion of thef the court a petition for rehearinearing shall not exceed 15 pages.
Rule 41. Issuance of Man
The mandate of the court shall issue 21 days after the entry of judgement unless the time is shortened or enlarged by order. A certified of the judgmentgment and a copy of the opinion of the court, if any, and any direction as to costs shall constitute the mandate, unless the court directs that a formal mandate issue. Thely fiof a petition forn forn for rehearing will stay the mandate until disposition of the petition unless otherwise ordered by the co If the petition is denied, the mandate shall issue 7 days after entry of the order deer denying the petition unless the time is shortened or enlarged by order.
Rule 42. Voluntismissal.
(a) DISMISSAL IN THE COURT APPEALED FROM. If an appeal has not docketocketed, the appeal may be dismissed by the court appealed from upon the filing at cof a stipulation fion for dismissal signed by all parties, or upon motion and notice by the the appellant.
(b) DISMISSALHE SUPREME COURT AURT APPELLATE DIVISION. If the parties to an l or o or other proceeding shall sign and file with the cle the Supreme Court appellate division an agreement that the proceeding be dismissed specifyecifying the terms as to payment of costs,shall pay whatever fees ares are due, the clerk shall enter the case dismissed, but no mandate or other process shall issue without an order of the court. An a may be dismissed on moon motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the court.
Rule 43. Substitutf Parties.
>(a) DEATH OF A PARTY. If a pares after a notice oice of appeal is filed or while a proceeding is otherwise pending in the Supreme Court appellate din, thsonalesentatentative of the deceased party may be substituted as a party on motion filn filed byed by the representative or by any party with the clerk of the appellate division. The motion of a pshall be s be served upon the representative in accordance with the provision of Rule 25. If the deceased party has no representative, any party may suggest the death on the recor proceedings shall then be n be had as the appellate division may direct.
If a party against whom an appeal may be taken after entry of a judgment oent or order in the court appealed from but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the notice of appeal is filed substitution shall be effected in the Supreme Court appellate division in accordance with this subdivision. If a party eed to appeal shal shall die before filing a notice of appeae notice of appeal may be f be filed by the party's personal representative, or, if the party has no personal representative, by the 's attorney of record withiwithin the time prescribed by these rules. After the notice of appeafiis filed substitution shall be effected in the appellate division in accordance with this subdivision.
(b) SUBSTIN FOR OTHER CAUSES. &ES. &#f substitution of a party in the Supreme Court appellate dite division is necessary for any reason other than death, substitution sha effected in accordance with the procedure prescribed in suin subdivision (a).
(c) PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE.
(1) When a public officer is a party to an appeal or other proceeding in the Supreme Court aate division in his official capacity and during its pendency dies or otherwise ceases to h to hold office, the action does not abatethe officer's successor is r is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An orderubstitution may be y be entered at any time, but the omission to enter such an order shall not affect the substitution.
Rule 44. Cases Involving Constinal Qnal Question Where Federated States of Micronesia Is Not A Party.
It shall be the duty of a party who draws in question the constitutionality of any Act of Congress in any proceeding in the Supreme Court appellate division to which the Federated States of Micronesia, or any agency thereof or any officer or employee thereof, as such officer or employee, is not a party, upon the filing of the record, or as soon thereafter as the question is raised in the Supreme Court appellate division, to give immediate notice in writing to the court of the existence of said question. The clerk sthereupon certifertify such fact to the Attorney General.
Rule 45. Duties of Cle/b>
(a) &#ENERAL PROVISIONS. Neither the clerkany deputyeputy clerk shall practice as an attornttorney or as counselor in any court whileontinues in office. The Supreme Courellate divi divisdivision shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process and of making motions and orders. The office of the clerk with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays, but the clerk may provide that the office shall be open for specified hours on Saturdays.
(b) THE DOCKET; CALE OTHER RECO RECORDS REQUIRED. Terk shall keep a book know known as the docket, in such form and style as may be prescribed by the Chief Justice or other jes ofSupreme Court and shall enter therein each case. ase. Cases sha assigned consecunsecunsecutive file numbers. The file number oh case shae shall be noted on the page of the docket whereon the first entry is made. All papers filed with the clerk and aocessers, and judgmentgments shall be entered chronologically in the docket on the page assignedigned to the case. Entries shall be but shallshall show the nature of each paper filed or judgment or order entered. The entry of der or judgmendgment shall the date the entry is made. The clerll keep a suitable able index of cases contained ined in the docket.
The clerk prepare, under the direction of the court, a calendar of c of cases awaiting argument. In placing con the calendarendar
for argument, the clerk shall give preference to appeals in criminal cases and to appeals and other proceedings entitled to preference
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Quarter-annually, the clerk shall prepare and dind distribute a report showing all cases pending in the Supreme Court appellate division. The clerk keep such other ther books and records as may be required from time to time by the Chief Justice or other justices of the Supreme Court.
(c) NOTICORDERS OR JUDGMENTS. &TS. Immedy upon the entry of anof an order or judgment the clerk shall serve a notice of entry by mail upon each party to the proceeding together with a copy of anyion rting the order orer or judgment, and shall make a note in t in the docket of the mailing. Servi a party represented bted by counsel by shall be made on counsel.
(d) CUSTODY OF RE AND PAPERS. &RS. The clerk shave custody of y of therds and papers of the court. The clerk shot perm permit rmit any original record or paper to be taken from the clerk's custody t as rized by the orde orders or instructions of the court.  Originalrs transmitted as t as the record on appeal or review shall upon disposition of the case be returned to the court from which they were received. The clerk shalserve copies pies of briefsother printed papers filed.iled.
(e) SIX-MONTH GOAL.  shall ball be the goal of the FSM Supreme Court appellate ion to issue an opinion in each case within no more tore than six moafts after oral argument or other submission of the case. &If a period longer than sixn six months elapses in a particular case, the Chief Clerk promptly shall notify in writing the Chief Justnd each justice serving on g on the appellate panel, and copies of such notice shall also be sent to each party in the appeal.
Rule 46. Attorney>
(a) &(a) ADMISSIOPRACTICE. Att0;Attorneys and trounselunselors admitted to practice law before the FSM Supreme Court pursuant to the court's rules for admission to practice are eligible to appear before upremrt appellate divi division in accordance with these Rules oles of Appellate Procedure.
COMMENT: See au>Rule 31(d).
(b) SUSPENSION OR DISBARMENT60;#160;When it is shown to the court that any member of it has been suspended or disbarred from practice in any other court of record, or has been guen guilty of conduct unbecoming a member o bar of the court, that pert person will be subject to suspension or disbarment by the court. Tmber shall be afforded an d an opportunity to show good cause, within such time as the court shall prescribe, why the member should not be suspended or disbarre160;Upon the member's response to the rule to show cause, ase, and after hearing, if requested, or upon expiration of the time prescribed for a response if no response is made, the court shall enter an appropriate order.
(c) DISCIPLINARY POWERHE COURT OURT OVER ATTORNEYS AND TRAIL COUNSELORS. The Federatetes of Micronesronesia Supreme Court appellate division mayer reasonable notice and an opportunity to show cause to the contrary, and after hearing, ing, if requested, take any appropriate disnary action against any pery person certified to practice before the Supreme Court of the Federated States of Micronesia, for conduct unbecoming a member of the bar or for failure to comply with these rules or any rule of the court.
Rule 47. Vacant.
Rule 48. Title.
Thule rules may be known as the Federated States of Micronesia Supreme Court Rules of Appellate Procedure and cited as FSM App. R.
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URL: http://www.paclii.org/fm/rules/ct_rules/roap1991264