VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 6. Appeals by Permission

• Jurisdiction: United States

Rule 6. Appeals by Permission

(a) Petition for Permission to Appeal. An appeal from an order in a civil action, under 4 V.I.C. § 33(c), containing the statement by a Superior Court judge that such order involves a controlling question of law about 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, may be sought by filing a petition for permission to appeal with the Clerk of the Supreme Court within ten days after the entry of such order in the Superior Court with proof of service on all other parties to the action in the lower court. An order as defined in this paragraph may be amended at any time to include the prescribed statement, and permission to appeal may be sought within 14 days after entry of the order as amended.

(b) Motion for Expedited Review. In all interlocutory appeals, appellant shall move for expedited review under Rule 5(e). Failure to so request may result in sanctions upon the attorney or party.

(c) Content of Petition; Answer. The petition shall not exceed 2,600 words in length. The petition shall include or have annexed thereto a copy of the order from which appeal is sought and of any findings of fact, conclusions of law, and opinion relating thereto. Petitions for appeals from an order pursuant to paragraph (a)(iii) also shall contain a statement of the facts necessary to understand the controlling question of law determined by the order of the Superior Court, a concise statement of the issue(s) to be presented, 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.

Within ten days after service of the petition, an adverse party may file an answer in opposition not more than 1,300 words in length. The application and answer shall be submitted without oral argument unless otherwise ordered.

(d) Number of Copies. Pursuant to Rule 40.3(h), no paper copies of electronically filed petitions need be filed with the Court. If a party is exempt from electronic filing, or if electronic filing has been disallowed, an original and three...