48.1. Recipients of Opinion and Judgment in All Cases
On the date when an appellate court’s opinion is handed down, the appellate clerk must send or deliver copies of the opinion and judgment to the following persons:
(a) the trial judge;
(b) the trial court clerk;
(c) the regional administrative judge; and
(d) all parties to the appeal.
48.2. Additional Recipients in Criminal Cases
In criminal cases, copies of the opinion and judgment will also be mailed or delivered to the State Prosecuting Attorney.
48.3. Filing Opinion and Judgment
The trial court clerk must file a copy of the opinion and judgment among the papers of the case in that court.
48.4. Opinion Sent to Criminal Defendant
In criminal cases, the attorney representing the defendant on appeal shall, within five days after the opinion is handed down, send his client a copy of the opinion and judgment, along with notification of the defendant’s right to file a pro se petition for discretionary review under Rule 68. This notification shall be sent certified mail, return receipt requested, to the defendant at his last known address. The attorney shall also send the court of appeals a letter certifying his compliance with this rule and attaching a copy of the return receipt within the time for filing a motion for rehearing. The court of appeals shall file this letter in its record of the appeal.
Notes and Comments
Comment to 1997 change: This is former Rule 91 with changes.