Part 6 · Transfer of Appellate Division Cases to the Court of Appeal

Rule 8.1016. Disposition of transferred case

Amended January 1, 2011 (current)

(a) Decision on limited issues The Court of Appeal may decide fewer than all the issues raised and may retransfer the case to the appellate division for decision on any remaining issues.

(b) Retransfer without decision The Court of Appeal may vacate a transfer order without decision and retransfer the case to the appellate division with or without directions to conduct further proceedings.

Committee Notes

(Subd (b) amended effective January 1, 2011; previously amended effective January 1, 2007.)