Rule 12.1  Permissive appeal in custody cases.

    (a) Whenever the best interest of a child would be served by an immediate 
      appeal to the Supreme Court, any party or the magistrate hearing a case may 
      petition the Supreme Court to accept a direct permissive appeal of a 
      judgment or order involving the custody of a minor, or a Child Protective 
      Act proceeding, without first appealing to the district court. The filing of 
      a motion for permissive appeal shall stay the time for appealing to the
      district court until the Supreme Court enters an order granting or denying
      the appeal. 

    (b) Motion to magistrate court.  In any case in which it is a party 
      seeking the permissive appeal, a motion for permission to appeal 
      must first be filed with the magistrate court within fourteen days 
      from the date of entry of the order or decree. The motion shall be 
      filed, served, noticed for hearing and processed in the same manner 
      as any other motion, and hearing of the motion shall be expedited. 
      The magistrate court shall, within fourteen (14) days after the 
      hearing, enter an order approving or disapproving the motion. 

    (c) Motion to Supreme Court for permission to appeal.     
      (1) Motion of a party. Within fourteen (14) days from entry by 
          the magistrate court of an order approving or disapproving a 
          motion for permission to appeal under this rule, any party may 
          file a motion with the Supreme Court requesting acceptance of 
          the appeal by permission. A copy of the order of the magistrate 
          court approving or disapproving the permission to appeal shall 
          be attached to the motion. If the magistrate court fails to rule 
          upon a motion for permission to appeal within twenty-one (21) days 
          from the date of the filing of the motion, any party may file a 
          motion with the Supreme Court for permission to appeal without 
          any order of the magistrate court.  

      (2) Motion by order of court.  A magistrate court may enter, on its 
        own initiative, an order recommending permission to appeal directly 
        to the Supreme Court.  The magistrate court shall file a certified 
        copy of its order with the Supreme Court and serve copies on all 
        parties. The order recommending permission to appeal shall constitute 
        and be treated as a motion for permission to appeal under this rule. 

      (3) Procedure. A motion to the Supreme Court for permission to appeal 
        under this rule shall be filed, served, and processed in the same 
        manner as any other motion under Rule 32 of these rules.   

    (d) Acceptance by Supreme Court. Any appeal by permission of a judgment 
      or order of a magistrate under this rule shall not be valid and 
      effective unless and until the Supreme Court shall enter an order 
      accepting such judgment or order of a magistrate, as appealable 
      and granting leave to a party to file a notice of appeal, which must be
      filed within 14 days from the date of issuance of the Supreme Court order.
      Such appeal shall thereafter proceed in an expedited manner pursuant to 
      Rule 12.2. The clerk of the Supreme Court shall file with the magistrate 
      court a copy of the order of the Supreme Court granting or denying acceptance, 
      and shall send copies to all parties to the action or proceeding.

(Adopted March 22, 2002, effective July 1, 2002; amended March 21, 2007,
 effective July 1, 2007; amended January 3, 2008, effective March 1, 2008;
 amended March 19, 2009, effective July 1, 2009.)