§602-59 Appeals from decision of the intermediate appellate court, certiorari. [Section effective until June 30, 2006. For section effective July 1, 2006, see below.] (a) After issuance of a decision by the intermediate appellate court, a party may appeal such decision only by application to the supreme court for a writ of certiorari, the acceptance or rejection of which shall be discretionary upon the supreme court.

(b) The application for writ of certiorari shall tersely state its grounds which must include (1) grave errors of law or of fact, or (2) obvious inconsistencies in the decision of the intermediate appellate court with that of the supreme court, federal decisions, or its own decision, and the magnitude of such errors or inconsistencies dictating the need for further appeal.

(c) An application for writ of certiorari may be filed with the supreme court no later than thirty days after the filing of the decision of the intermediate appellate court; the supreme court shall determine to accept the application within ten days of its filing. The failure of the supreme court to accept within ten days shall constitute a rejection of the application.

(d) Upon the acceptance of the application, the clerk of the intermediate appellate court shall forward the complete file of the case to the clerk of the supreme court. Supplemental briefs shall be accepted from the parties only upon the request of the supreme court. [L 1979, c 111, pt of §3; am L 1997, c 24, §1]

§602-59 Review of decision of the intermediate appellate court, certiorari. [Section effective July 1, 2006. For section effective until June 30, 2006, see above.] (a) After issuance of the intermediate appellate court's judgment, a party may seek review of the intermediate appellate court's decision and judgment only by application to the supreme court for a writ of certiorari, the acceptance or rejection of which shall be discretionary upon the supreme court.

(b) The application for writ of certiorari shall tersely state its grounds.

(c) An application for writ of certiorari may be filed with the supreme court no later than thirty days after the filing of the decision of the intermediate appellate court. Opposition to an application for a writ of certiorari may be filed no later than fifteen days after the application is filed. The supreme court shall determine to accept the application within thirty days after an objection is or could have been filed. The failure of the supreme court to accept within thirty days shall constitute a rejection of the application.

(d) Upon the acceptance of the application, the clerk shall forward the complete file of the case to the supreme court. Supplemental briefs shall be accepted from the parties only upon the request of the supreme court. [L 1979, c 111, pt of §3; am L 1997, c 24, §1; am L 2004, c 202, §59]