Rule 34. Emergency Filings

(a) Handling of Emergency Motions. All emergency motions shall be handled through the Office of the Administrative Assistant to the Chief Justice.

(b) Motions. Any emergency motion to be addressed to the duty justice shall, unless otherwise ordered by the Supreme Court, or any justice thereof, first be filed with the Clerk of the Supreme Court. Every such motion shall comply with the provisions of Rules 18 and 28, and shall be accompanied by the movant's certificate stating:

(1) That every practicable effort was made to notify all interested parties of the motion and of movant's intention to seek emergency action by the duty justice thereon; and

(2) When and how interested parties were notified, or if they were not notified, why it was not practicable to give them such notice. Ordinarily, emergency action by the duty justice will not be permitted on any motion hereunder unless the movant has first invoked the Supreme Court's jurisdiction, such as through the filing of a notice of appeal or petition for extraordinary writ. For the purposes of this rule, the term "motion" shall include any motion, petition, application, or other request for relief which may be addressed to the Supreme Court.

(c) Procedure for Consideration of Motions. After an emergency motion has been filed in accordance with the provisions of subsection (b), the Administrative Assistant to the Chief Justice shall promptly transmit said motion to the duty justice for consideration. Any response to the emergency motion shall be filed as soon as possible, or as otherwise ordered by the duty justice or the Supreme Court. If the duty justice determines that a conference is necessary, the Administrative Assistant to the Chief Justice shall in due course advise the parties of the time of the conference and of the justice who will consider the motion.

(d) Cases in which a party is self-represented are not eligible for conferences with the duty justice.

(e) Purpose. The purpose of this rule is to establish a formal procedure for the consideration of emergency motions by the duty justice, and the provisions hereof shall not be construed to alter or in any way affect the provisions of any other order, statute or rule relating to the filing of motions.