Proposed Amendments to Rules 5.01 and 8.03 and Proposed Rules 8.03A and 8.03B

Supreme Court accepting public comment on proposed amended and proposed new rules

The Supreme Court is accepting public comment on proposed changes to Supreme Court Rules 5.01 and 8.03 and proposed Rules 8.03A and 8.03B. 

Comment may be made by email to until 5 p.m. Friday, May 11, 2018. Each email must address only one rule and the rule must be identified in the subject line. 


  • Proposed amended Rule 5.01 would allow a party represented by counsel to file a motion on the party's own behalf to file a petition for review. 
  • Proposed amended Rule 8.03 amends the requirements for petitions for review, cross-petitions, and responses.  
  • Proposed Rule 8.03A creates a summary petition for review process. 
  • Proposed Rule 8.03B would provide that a party is not required to petition for Supreme Court review under Rule 8.03 from an adverse decision of the Court of Appeals to exhaust all available state remedies. See Ellis v. Raemisch, 872 F.3d 1064, 1076-84 (2017) (holding federal exhaustion requirements satisfied).  
Mary Shultz