Chapter I · Case Initiation; Parties and Attorneys

Rule 6.151. Proper form of review

Amended April 1, 2024 (current)

6.151(1) General rule. If any case is initiated by a notice of appeal, an application for interlocutory appeal, an application for discretionary review, or a petition for writ of certiorari and the appellate court determines another form of review was the proper one, the case will not be dismissed, but will proceed as though the proper form of review had been requested.

6.151(2) Appellate court may request further action. The appellate court may treat the documents upon which the action was initiated as seeking the proper form of review and, in appropriate cases, may order the parties to file jurisdictional statements or file documents supporting the proper form of discretionary review.

6.151(3) Opposition. This rule does not preclude opposing parties from filing a motion to challenge the form of review.

6.151(4) Timing. This rule does not extend the time for initiating a case.