GCO 1991-1

June 10, 1991


     In recent years, it has become apparent that various practitioners before the appellate division of the Federated States of Micronesia Supreme Court have received differing versions of the Rules of Appellate Procedure.  To end the uncertainty caused by this situation, the Court now adopts a revised and updated version of the Rules of Appellate Procedure, effective as of June 10, 1991.  The revised rules are issued pursuant to the Chief Justice's rulemaking authority under FSM Const. art. IX, c).  The revised rules contain numerous amendments, many of which are technical or stylistic, but some of which are substantive as well.  Some of the more important changes are as follows:

     1.  Filing of notice of appeal - Rule 3(a) is amended to specify that all notices of appeal to the FSM Supreme Court appellate division are to be filed 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.

     2.  Preparation and transmission of the record on appeal - Rules 10 and 11 have been revised considerably to assist counsel and the Office of the Chief Clerk in preparing the record for appeal expeditiously.

     3.  Appendix to briefs - Rule 30 provides for preparation of an appendix which shall serve as the primary reference for the parties and Court in reviewing the record of proceedings appealed from.

     4.  Six-month goal - A new rule 45(e) is adopted to announce the goal that opinions are to be issued no more than six months after oral argument or submission of a case.

     Numerous other more minor substantive changes also have been made, and all members of the bar are urged to examine the rules carefully.

     NOW THEREFORE IT IS HEREBY ORDERED that the revised Rules of Appellate Procedure of the Supreme Court of the Federated States of Micronesia issued as of June 10, 1991, shall govern all future appellate proceedings, and as far as just and practicable all appellate proceedings now pending, in the FSM Supreme Court appellate division.

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