VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 21. Motions

• Jurisdiction: United States

Rule 21. Motions

(a) Content of Motions; Response. Unless another form is elsewhere prescribed by these Rules, an application for an order or other relief shall be made by filing a motion for such order or relief with proof of service on all other parties. The motion shall contain or be accompanied 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 by briefs, affidavits, or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion within 14 days after service of the motion. All motions shall be accompanied by a proposed order which includes a distribution list of all attorneys and pro se parties.

(b) Motions for Procedural Orders. Notwithstanding the provisions of this Rule regarding motions generally, motions for procedural orders, including any motion for extension of time, may be acted upon at any time by the Court, without awaiting a response thereto.

(c) Power of a Single Justice. In addition to the authority expressly conferred by these Rules or by law, the Chief Justice, or any other justice designated by the Chief Justice, may entertain and may grant or deny any non-dispositive motion or other pretrial matter including, but not limited to, briefing schedules, motions for extensions of time, and motions for substitution of counsel. The action of a single justice may be reviewed by the Court or the appellate panel.

(d) Motions Decided by the Clerk. Pursuant to a Rule or order of the Supreme Court, the Clerk may entertain and dispose of specified types of procedural motions which are ministerial in nature, relate to the preparation or printing of the appendix and briefs on appeal, or relate to calendar control. If application is promptly made by any party adversely affected by the action of the Clerk, such action may be reconsidered, vacated, or modified by the...