Rule 37. ISSUES FOR REVIEW

Interim appellate review of pre-trial matters in death penalty cases shall be conducted as follows and in conformity with the Unified Appeal Procedure, Rule II (G)–(I) and OCGA §§ 17-10-35.1 and 17-10-35.2:

(1) The question of whether there shall be an interim review of pre-trial proceedings will be considered by this Court only if the trial court, having conducted a hearing on the matter, orders that interim review is appropriate. See OCGA § 17-10-35.2. An order by the trial court denying such review shall not be appealable. See id.

(2) If the trial court orders that interim review is appropriate, the trial court shall complete and file in the trial court record a report in the form provided in the Unified Appeal Procedure, Rule II(H). Thereafter, the parties shall file any reports/applications addressing the appropriateness of interim review in the trial court, and not in this Court, in the manner prescribed in the Unified Appeal Procedure, Rule II(G) (3)–(6). Any requests for extensions of time for filing the reports/applications of the parties shall be directed to the trial court and not to this Court. Upon the filing of the reports/applications of both parties or the passage of the time for filing them, including any extensions granted by the trial court, the trial court shall transmit a copy of the entire pre-trial record, including any reports/applications addressing the appropriateness of interim review, in the manner prescribed in the Unified Appeal Procedure, Rule II(G)(7). 36

(3) The parties will be permitted to file in this Court any briefs that they deem appropriate within seven days of docketing of the trial court record in this Court.

(4) This Court will issue an order granting interim review of the pre-trial proceedings, or portions thereof, or denying review within 45 days of the date on which the copy of the pre-trial record is docketed in this Court.

(5) If interim review is granted by this Court, the case will proceed as any other appeal. Oral argument in such an appeal shall be mandatory. See Rule 50(2).

(6) If interim review is granted, the copy of the pre-trial record will become a permanent part of this Court's records. VII. CERTIORARI (Review of a Court of Appeals Decision)