Rule 63-9. Filing Withdrawals of Appeals or Writs of Error

Prior to oral argument or the date the appeal is assigned for disposition without oral argument, an appeal or writ of error may be withdrawn as of right by filing form JD-AC-008 with the appellate clerk. The appellate clerk shall forward a copy to the trial judge and the clerk of the trial court. After oral argument or the date the appeal is assigned for disposition without oral argument, an appeal or writ of error may be withdrawn only on the granting of a motion to the court in which the matter is pending. Unless an appeal or writ of error is withdrawn on the consent of the appellee without costs, costs shall be taxed as if the trial court judgment had been affirmed.

Committee Notes

(P.B. 1978-1997, Sec. 4038.) (Amended Sept. 16, 2015,