Part 2 · Appeals from Trial Court Judgments and Orders
Rule 17.1. Inability to Act
Amended January 1, 2026 (current)
A court of appeals is unable to take immediate action if it cannot — within the time when action must be taken — assemble a panel because members of the court are ill, absent, or unavailable. A justice who is disqualified or recused is unavailable. A court of appeals’ inability to act immediately may be established by certificate of the clerk, a member of the court, or a party’s counsel, or by affidavit of a party.