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SECTION 3. PETITION FOR ADOPTION, AMENDMENT OR REPEAL OF PROCEDURAL RULE, ADMINISTRATIVE RULE, OR ADMINISTRATIVE ORDER

Effective Date: 1/1/2001

3.1 Any person interested in the adoption, amendment, or repeal of a procedural rule, administrative rule, or administrative order, may file with the Clerk of the Supreme Court a petition to adopt, amend, or repeal a procedural rule, administrative rule, or administrative order.

3.2 The petition shall state petitioner's grounds for the adoption, amendment, or repeal of the rule or order, include a draft of the proposed new or amended rule or order, and may be accompanied by supporting documentation.

3.3 Within 45 days after the filing of a petition, the Supreme Court, in its discretion, may refer the petition to the appropriate standing committee listed in Section 8 or grant the petitioner an opportunity for written comment or oral hearing.

3.4 If an opportunity for written comment or oral hearing is granted, the time, place, and conditions for an oral hearing will be fixed or conditions for written comment will be set. Notice of the hearing must be given as provided in Section 7.

3.5 Whenever the Supreme Court determines that a petition is improper as to form or is frivolous or a petition requests a rule or order of mere formality, the Supreme Court, in place of referral for committee review pursuant to Section 8 or of providing for opportunity for written comment or oral hearing, may make an immediate decision on the petition.

Effective Date Obsolete Date
01/01/2001 View