3.0221 Appellate division—Difference of opinion—Prevailing opinion.

Cite as [A.S.C.A. § 3.0221 ]

In the appellate division of the High Court, if there remains, after conference, any difference of opinion among the judges, the opinion of 2 of the justices shall prevail and shall be recorded by the clerk as the opinion and decision of the court. However, if in the determination of any land or matai title case or controversy before the appellate division there remains, after conference, any difference of opinion among the judges, the opinion of the majority of the 5 judges shall prevail and shall be recorded by the clerk as the opinion and decision of the court.

History: 1962, PL 7-36; 1969, PL 11-54; 1970, PL 11-1 16; PL 11-119;amd 1978, PL 15-84 § 3; PL 15-104 § 4; amd 1979, PL 16-28 § 14.

Amendments: 1978 Deleted “appellate division or” prior to “Trial Division of the High Court”. 1979 Subject matter generally amended.