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System-wide GAL Application, Certification & Practice Table of Contents

System-wide Guardian Ad Litem Application, Certification and Practice

CHAPTER III. APPEALS

Rule 3.1  Appeals

(a)  In the event that either party to an action shall appeal the decision of the Master or of a Justice to the Supreme Court, the Guardian ad Litem may, in his/her discretion or upon order of the court, participate in said appeal if it is determined by the Guardian ad Litem, Master or Justice that the issues appealed substantially affect the child or represented person.

(b)  The Guardian ad Litem may initiate an appeal to the Supreme Court on behalf of the child or represented person in the event that the Guardian ad Litem shall determine that issues exist which are adverse to the child or represented person and which substantially affect the child's or represented person's interests.

(c)  In the event of an appeal by other parties to the action, the Guardian ad Litem should examine the Notice of Appeal to determine if issues exist which may require that a brief be filed by the Guardian ad Litem.  If such issues exist, the Guardian ad Litem shall promptly file a motion seeking leave of the Supreme Court to file the brief after the Guardian ad Litem has had sufficient time to examine the briefs of both parties.  A specific period of time shall be specified in the motion.

(d)  The Guardian ad Litem may participate in any appeal even though the Guardian ad Litem may have been called upon to testify in underlying hearings.  Counsel will not be retained to represent the Guardian ad Litem on appeal except upon approval of the trial court upon petition by the Guardian ad Litem.  The Justice ruling upon the petition may establish any conditions he/she may deem appropriate and will determine chargeability for additional counsel fees.

(e)  The fees of the Guardian ad Litem upon appeal shall be paid in accordance with the ruling set forth in the underlying action, unless upon request of any party, the trial court shall order otherwise.

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