Every party requesting a stenographer to transcribe testimony taken in a hearing by him or her shall, forthwith, deposit with the Office of Administrator of the Court such sum as the stenographer shall estimate to be the cost of the transcription, computed at the rate of three dollars and 00/100 ($3.00) per page for originals and one dollars and 50/100 ($1.50) per page for copies thereof. Where two or more parties each claim an appeal in the same cause or proceeding, and each party orders a complete transcript, only one transcript shall be required, and if the total amount deposited by all the parties exceeds the cost of the transcript, the excess shall be divided equally among the depositors and each depositor shall be repaid their proportionate share.
This rule shall apply to all parties except the State of Rhode Island which shall have thirty (30) days in which to make said deposit.
4.2. APPEAL TO THE APPELLATE DIVISION.
When a party appeals to the Appellate Division, he/she/it shall upon filing said claim of appeal forthwith forward a conformed copy of said appeal to all other parties which shall include all dates, amounts, and times contained in the original claim of appeal. Any requests thereafter granted to extend the time for filing the reasons of appeal and the transcript shall likewise be sent to all other parties forthwith.
4.3. CLAIM OF APPEAL TO THE APPELLATE DIVISION.
Where a party who has been aggrieved by a decree of a Trial Judge and has filed a claim of appeal to the Appellate Division, fails to perfect the appeal by filing the reasons of appeal within the time prescribed, or for any other cause, the Workers’ Compensation Court shall issue an order to show cause why the appeal should not be dismissed, mailed to both the appellant and the appellee, setting the same down for hearing to a day certain before the Trial Judge who rendered the decision. This rule shall apply to all pending matters wherein the appellant has failed to perfect the appeal.
4.4. EXTENSION OF TIME.
(A) When no transcript is requested, reasons of appeal shall be filed within twenty (20) days of the date on which the claim of appeal is taken.
(B) When a transcript is requested, the stenographer shall notify the parties that the transcript has been completed and that the reasons of appeal must be filed within twenty (20) days of the date of said notice.
(C) The Court shall grant only one ex parte extension of time and said extension shall not be granted for more than thirty (30) days.
(D) Additional extensions of time shall be granted by motion with notice to all parties or by written agreement signed by all parties and approved by the Court.
4.5 PRACTICE ON APPEAL.
(A) Within ten (10) days of the filing of the reasons of appeal with the Office of the Administrator of the Court, the appellant or other moving party shall file a statement of the case and a summary of the issues proposed to be argued on appeal. This document shall be concise, not exceeding five (5) pages, and a copy of the same shall be mailed to the appellee(s). Within ten (10) days after the filing of the above statement, the responding party may file a counter-statement, not to exceed five (5) pages. Failure to file a counter-statement shall be deemed a waiver of the same.
(B) (1) Following the filing of such statements, the court may require the appearance by counsel for the parties before a single justice of the court for a conference.
Counsel shall be prepared to engage in meaningful discussion of the matter with the goal of achieving settlement of the dispute. If a settlement is not reached, the objectives of the conference shall be to determine the issues on appeal and to determine the manner in which the appeal shall proceed.
(2) At the time scheduled for the settlement conference, counsel for all parties shall submit a joint filing which shall certify that they have conferred in good faith to attempt to resolve the disputed issues prior to the time of the conference.
(C) In the event that the single justice of the court determines it appropriate, he or she may:
(1) refer the appeal to an appellate panel for disposition of the issues on appeal by order or opinion without further argument; or
(2) order that the matter be placed on the regular appellate calendar for oral argument before an appellate panel.
In either situation, the single justice may direct or allow the filing of supplemental memorandum by the parties and set the time for the filing of same.
Reporter’s Notes. The recent amendment to this rule codifies the settlement conference procedure which has been operating as a pilot program for several years. This procedure was reviewed and endorsed by the Supreme Court’s Committee on Alternate Dispute Resolution as an effective vehicle to reduce the issues in dispute and to foster meaningful dialogue calculated to resolve the matter. The appellant must file a statement of the case within ten days of the date on which reasons of appeal are filed. Thereafter, the appellee is given the opportunity to respond. The matter will then proceed to settlement conference.
This rule also changes the procedure for show cause hearings. Following settlement conference, the matter may be assigned to an appellate panel for disposition “without further argument” or, if appropriate, assigned for further argument before the Appellate Division. This new provision is modeled after Rhode Island Supreme Court Rules, Art. I, Rule 12A(3)(b) and simply allows the Appellate Division to expedite the handling of those cases where the appeal has not been perfected or where the issue on an appeal is relatively simple and unequivocally controlled by settled law. In all other cases, it is anticipated that the matter will be heard at oral argument.
4.6. DECREES OF APPELLATE DIVISION.
No final decree shall be entered by the Appellate Division without forty eight (48) hours notice to all parties regardless of whether it is a new decree or merely affirms the decree of the Trial Judge.
4.7. REVIEW BY CERTIORARI - - PROCEDURE.
A copy of all petitions to the Supreme Court of the State of Rhode Island for a writ of certiorari involving a final decree of the Appellate Division of the Workers’ Compensation Court shall be filed with the Office of Administrator of the Workers’ Compensation Court and contemporaneously with the clerk of the Supreme Court.
A copy of the order of the Supreme Court granting or denying said writ of certiorari shall forthwith be filed with the Office of Administrator of the Workers’ Compensation Court by the attorney for the prevailing party.