216. padding-left: 16px; How much does it cost to appeal? Filed Rule background-color: #003388; If the parties have duplicates of the exhibits, a lost exhibit can be replaced with relative ease; on the other hand, if neither party has a copy of the missing exhibit, it might not be possible to replace the missing exhibit. .non_result_row div { Item with proof of service to by Tenn. R. App. Notice of No Opinion of the A petition for a writ of certiorari seeking review of a judgment of a lower state court that is subject to discretionary review by the state court of last resort is timely when it is filed with the Clerk within 90 days after entry of the order denying discretionary review. overflow-y: auto; of the judgment width: 35px !important; Collectively, Trump won these Pivot Counties by more than 580,000 votes. 11(e) } Tennessee Probate Court } display: table; vertical-align: middle; The parties may agree by written stipulation filed in the trial court that designated parts of the record shall be retained in the trial court unless thereafter the appellate court shall order or any party shall request their transmittal. (f) For purposes of this rule, the terms "party" and "parties" shall include any person filing a motion to intervene pursuant to Tenn. R. Civ. .votebox-results-cell--x { (a) Time for Completion of the Record; Duty of the Parties. }. Clemency is an act of the governor reducing a death sentence to life imprisonment or granting a full or conditional pardon. .results_text { 0:04. Tenn. R. Civ. Defendants who do not get relief from the Court of Criminal Appeals or the Tennessee Supreme Court may seek certiorari review in the United States Supreme Court. Instead, attorneys present oral and written arguments. max-width: 400px; Filed Tennessee Court of Criminal Appeals less than full record is Upon setting of the Appellate cash or paupers oath padding-top: 3px; Court Clerk Filed max-width: 75px; filed Court Clerk Appellant font-size: 1em; The Court of Criminal Appeals was created by the legislature in 1967 to hear trial court appeals in felony and misdemeanor cases, as well as post-conviction petitions. As with the justices of the Tennessee Supreme Court and the judges of the Tennessee Court of Criminal Appeals, judges of the Tennessee Court of Appeals must, by state law, be evaluated every 8 years. 11 days after entry Appellees Brief in the Appellants Reply .courts-header { font-size:150%;background-color:#334aab;color:white;} Transcript filed margin-bottom: 4px; A Memphis police officer is authorized, and instructed, to use deadly force to apprehend a fleeing felon after other reasonable means to apprehend that person have been exhausted. margin-right: 10px; Statement of the Evidence to be filed 11 Application M2020-01565-SC-R11-CV Davidson County Circuit Court Joseph P. Binkley, Jr . If the Supreme Court grants permission to appeal, attorneys for both sides will submit briefs to the court, and there may be an oral argument. font-weight: 100; Trial Court } For example: When searching by case number, you can search using the sequence number listed in the appeal. If post-conviction relief is denied, a defendant may appeal to the Court of Criminal Appeals. Appellees Brief There are twelve judges on the Tennessee Court of Criminal Appeals. .results_row td:first-child { TENNESSEE COURTS UNIFORM FACSIMILE FILING COVER SHEET, TO (COURT CLERK): ____________________________________________________, WITH (COURT): ____________________________________________________, CLERKS FAX NUMBER: ____________________________________________________, CASE NAME: ____________________________________________________, DOCKET NUMBER: ____________________________________________________, TITLE OF DOCUMENT: ____________________________________________________, FROM (SENDER): ____________________________________________________, SENDERS ADDRESS: ____________________________________________________, ____________________________________________________, SENDERS VOICE TELEPHONE NUMBER: ____________________________________, SENDERS FAX TELEPHONE NUMBER: ____________________________________, DATE: _______________ TOTAL PAGES, INCLUDING COVER PAGE: ___________. You already receive all suggested Justia Opinion Summary Newsletters. Timeline For An Appeal Form. of Opinion and Judgment) Exhibits shall be compiled in numerical order and bound in a volume or volumes separate from the volume of papers filed in the trial court and separate from the transcript or statement of the evidence or proceedings. P. 8A. The rule is further amended to add a one year transitional rule to lessen the detrimental effect for those who mistakenly attempt to file their notice of appeal at the last minute with the trial court clerk. Ballotpedia provided comprehensive coverage of how election dates and procedures changed in 2020. Subdivision (c). All Parties Tennessee Court of Appeals The authority to grant or deny clemency rests solely with the governor. } .image-candidate-thumbnail-wrapper { .mw-body #mw-content-text th.votebox-results-cell--text { See Tenn. R. App. text-align: center; margin-bottom: 0px; } font-size: 16px; 29(a) Appellate Supreme Court text-align: center; font-weight: 100; 24(a) Location padding-bottom: 8px; Trial court On the other hand, if it is desirable to expedite decision on any matter, notice of appeal may be filed and served immediately upon entry of the judgment appealed from, and an expedited schedule of appellate review may be established as permitted by Rule 2. service of Appellants clerk } Thirty days is sufficient time particularly in light of the fact that a party is required to do nothing to initiate the appellate process except file and serve notice of appeal. Text Size: Decrease font size; Reset font size; . Newly appointed judges must stand for retention by voters to remain on the bench for the rest of the appointed term; they may stand for retention thereafter to remain on the bench for further terms.[1]. .courts-header { font-size:150%;background-color:#334aab;color:white;} Tennessee Probate Court Time-Line For An Appeal1 All Parties } Item Effective July 1, 2018, any order granting or denying a motion to intervene shall be a final judgment, and a timely appeal of that final judgment shall be the only method to appeal the grant or denial of a motion to intervene. } The third sentence of this subdivision is intended to alleviate the problem that results if the appellant is unaware that a judgment has been entered by the trial court. Unlike the Court of Criminal Appeals, review of appeals in the Supreme Court is granted or denied at the discretion of the Court. The Court of Appeals for the Sixth Circuit reversed on the grounds that the Tennessee statute "authorizing the killing of an unarmed, nonviolent fleeing felon by police in order to prevent escape" violates the Fourth Amendment and the Due Process Clause of the Fourteenth Amendment. Court Clerk Ballotpedia does not curate or endorse these articles. needed .inner_percentage { The Commission believes that having the original exhibits bound into volumes will reduce the possibility that an individual exhibit will be lost. } 24(d) evidence is available (d) If no appeal is taken within the time provided, then execution may issue. (a) Content of the Record. Brief .inner_percentage, .inner_percentage.Nonpartisan, .inner_percentage.Independent, .inner_percentage.Constitution, .inner_percentage.unknown { letter-spacing: 0.03em; See also Tenn. R. App. padding-bottom: 0px; color: #FF6347; A notice of appeal filed prior to the timely filing of one of the listed motions, or prior to the courts ruling on the motion, is deemed to be premature and does not deprive the court of jurisdiction to rule upon the motion. } padding-left: 8px; All Parties color: #fff; The trial court retains jurisdiction over the case pending the courts ruling on any timely filed motion specified in subdivision (b) or (c) of this rule. [5], .votebox { } The court has 12 members who sit in panels of three. } day objection period clerk Type the name of a federal court to find links to login to CM/ECF - or - search by other information unique to that court, like their contact information, RSS feed, county codes, and flag definitions. Brandon O. Gibson (Western Section) (Retained) padding-top: 8px; App.) display: inline-block; display: block; (See Tennessee Plan. All Parties A near-total abortion ban is set to take effect 30 days after the Supreme Court's ruling overturning Roe. Argument scheduled All exhibits which are to be included in the record but which cannot be bound in the volume of exhibits due to the nature of the exhibits shall be placed securely in a durable envelope or other suitable container, which shall be labeled with the style of the case, the docket number, and the exhibit number of the exhibit contained therein. Copy of Notice of Appeal Search form. P. 24. margin-right: 10px; You may also filter results by court type or circuit. letter-spacing: .04em; Date the Opinion The clerk of the trial court shall transmit any such documents or physical exhibits if directed to do so by a party or the clerk of the appellate court. During the period this transitional provision is in effect, this provision shall govern all cases meeting its requirements, notwithstanding any other provision of these Rules. Termination of Parental Rights Proceedings. Subdivision (h). A full term on the court is eight years. color: #888; color: #888; Notice of Oral Tenn. R. App. Approval of the Transcript vertical-align: top; No notice of the filing need be given. As in all three appellate courts, Court of Appeals hearings do not include witnesses, juries, or testimonies. margin-bottom: -2px !important; Tennessee Rules on depositions. Appellant display: inline-block; 38 Person All Parties Notice of Appeal The court may also decide to hear oral arguments at this stage or at any stage of the case. Operations: Meghann Olshefski Amanda Herbert Mandy Morris Kelly Rindfleisch The one seat was up for retention election on August 6, 2020. Thenoticeofappealshouldcontainthefollowinginformation: (1)alistofalltheparties taking the appealin either the caption orthe bodyofthe notice ofappeal; (2) adesignationofthefinaljudgmentfromwhichyouareappealingbylistingthedateofthejudgmentandthetrialcourtthatenteredthejudgment;and(3)theappellatecourttowhichyouaretakingtheappeal.AFormNotice ofAppe. If a motion specified in either subdivision (b) or (c) is filed within the time permitted by the applicable rule referred to in that subdivision, the filing of a notice of appeal prior to the filing of the motion, or the filing of a notice of appeal prior to the trial court's ruling on an earlier filed motion, does not deprive the trial court of jurisdiction to rule upon the motion. Tennessee Circuit Court In such cases, the clerk of the trial court shall promptly remedy the lack of compliance and then promptly transmit the modified record to the clerk of the appellate court. .inner_percentage.Democratic { 108(c). 06/26/23. Announcements come after court allows Tennessee's 6-week abortion ban State leaders sought an emergency order in federal appeals court Friday to have abortion restrictions take effect immediately. In the latter case appellate review of the case can be adversely affected. Tennessee Chancery Courts Electronic Case Filing. background-color: #ccc; 90 days after filing Subdivision (d) establishes the general rule that the right to appeal is not lost by filing a notice of appeal before entry of the judgment appealed from. As amended through November 17, 2022. Appellee width: 90%; was created in 1925 by the Tennessee General Assembly as an intermediate appellate court to hear appeals in civil cases from the Tennessee state trial courts. This transitional provision shall expire at 11:59 p.m., appellate court clerk's local time, on June 29, 2018, after which this transitional provision shall automatically be repealed. Appellant must also file a cost bond, open with sufficient sureties . padding-bottom: 3px; padding-left: 0; margin-right: 12px; more than 60 days If a vacancy occurs between election cycles (for example, if a judge dies or retires), the 17-member Tennessee Judicial Selection Commission interviews applicants and recommends three candidates to the governor. font-weight: 300; Appellant notice of appeal is a one-page document containing your name, a description of the final order or judgment being appealed, and the name of the court to which the appeal is taken (here, the Sixth Circuit Court of Appeals). display: inline-block; background-color: #6db24f; If filling an interim vacancy, the retained judge serves out the remainder of the unexpired term before again running for retention to serve a full eight-year term. Ballotpedia features 409,790 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. The court has 12 members who sit in panels of three in Jackson, Knoxville, and Nashville. Rule 6: Security for Costs on Appeal. Person Appellate Timeline For Divorce Cases In Tennessee. P. 25(a) also was amended to require that the bound volumes(s) of the papers filed in the trial court include a table of contents listing those papers in the order in which the papers were filed in the trial court. Created by the Tennessee General Assembly in 1925, the Tennessee Court of Appeals hears appeals in civilor non-criminalcases from trial courts and certain state boards and commissions. The Court of Criminal Appeals is one of Tennessee's two intermediate appellate courts. Court Clerk background-color: #f9d334; .votebox-results-cell--number { immediately after } 30 days after the If the district court decision is affirmed in the Court of Appeals, the defendant may petition the United States Supreme Court to review the case. top: -1px; background-color: #6db24f; Tenn. R. App. background-color: #db0000; Tennessee General Sessions Court OFFICE OF THE APPELLATE COURT CLERK Appellate (b) Duty of Clerk to Transmit the Record. Cost bond - Open with in Civil & Criminal cases Appellate Charter Communications Operating, LLC v. Madison County, et al. expires padding-bottom: 3px; Appeals in civil cases are heard by the Tennessee Court of Appeals. (c) Any appeal shall be heard de novo in the circuit court. The attorney shall return the record to the clerk in its entirety and in an organized manner, with all volumes of the record intact and with all exhibits accounted for. margin-bottom: 4px; The record on appeal shall be assembled, numbered and completed by the clerk of the trial court within 45 days after filing of the transcript or statement prepared in accordance with Rule 24 (b) or 24 (c) or, if no transcript or statement is to be filed, within 45 days after . Supreme Court .inner_percentage.Republican { Court Clerk background-color: #f4f4f4; Created by the Tennessee General Assembly in 1925, the Tennessee Court of Appeals hears appeals in civilor non-criminalcases from trial courts and certain state boards and commissions. .inner_percentage, .inner_percentage.Nonpartisan, .inner_percentage.Independent, .inner_percentage.Constitution, .inner_percentage.unknown { Filing of certified transcript Time (b) Termination by Specified Timely Motions in Civil Actions. If the record or any part thereof is required in the trial court for use there pending the appeal, the trial court may make an order to that effect, and the clerk of the trial court shall retain the record or parts thereof subject to the request of the appellate court. Evidence, Statement Court Clerk Tennessee Attorney General Herbert Slatery announced he would not seek reappointment. max-width: 400px; Rule 8A imposes special requirements governing the appeal of any termination of parental rights proceeding. Trial Court Judge: Senior Judge Robert E. Lee Davies. Rule 24 - Content and Preparation of the Record. Defendants who are unsuccessful in the Court of Criminal Appeals or Tennessee Supreme Court may seek certiorari review in the United States Supreme Court. All Parties .inner_percentage.Libertarian { padding-left: 0; background-color: #db0000; Rule Order Granting TRAP Tennessee Juvenile Court, Courts in Tennessee Tennessee judicial elections Judicial selection in Tennessee. } Court Clerk Several lawyers who practice frequently in the appellate courts have also contributed. } The amendment of paragraph (b) corrects an erroneous cross-reference, changing "59.02" to "59.07.". position: absolute; All Parties } The clerk of the trial court shall notify the parties if any documents or physical exhibits are not to be transmitted. margin-right: 12px; All decisions made by the Tennessee Court of Appeals may be appealed, by permission, to the Tennessee Supreme Court. } Appellants Brief in the } padding-bottom: 8px; However, pro se litigants may inspect the record at the appellate clerks office pursuant to Supreme Court Rule 34. 14 days after filing and Judgment Court of Appeals Created by the General Assembly in 1925, the Court of Appeals hears appeals in civilor non-criminalcases from trial courts and certain state boards and commissions. Court Clerk A defendant is entitled to federal habeas corpus relief only by showing a violation of a federal constitutional right. 45 day period - No Please check official sources. 30 days after City council officials account for nearly half of all recalls YTD - more details in Ballotpedia's Midyear Recall Report, Tennessee Judicial Selection, Amendment 2, Tennessee intermediate appellate court elections, 2022, Tennessee intermediate appellate court elections, 2020, Tennessee Secretary of State Official Results, United States congressional delegations from Tennessee, https://ballotpedia.org/wiki/index.php?title=Tennessee_Court_of_Appeals&oldid=9139107, Pages using DynamicPageList3 parser function, Pages with non-numeric formatnum arguments, Pages using DynamicPageList3 dplreplace parser function, Conflicts in school board elections, 2021-2022, Environmental, social and corporate governance (ESG) policy, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. padding-bottom: 7px; United States District Court for the Eastern District of Tennessee, United States District Court for the Middle District of Tennessee, United States District Court for the Western District of Tennessee, United States District Court for the District of Tennessee, National Center for State Courts Tennessee Court Structure, "Tennessee Council of Juvenile and Family Court Judges", "General Sessions of Metropolitan Nashville & Davidson County -- Welcome! Appellate Statement of the Time Tennessee Chancery Courts Copies of all papers filed in the trial court, except the transcript or statement of the evidence or proceedings and exhibits, shall be bound together in chronological order; such bound volume (or, if more than one bound volume, the first such volume) shall contain a table of contents listing in chronological order all of the papers filed in the trial court with each documents corresponding page number. 30 days after .mw-body #mw-content-text .votebox .race_header h5.votebox-header-election-type { .race_header.libertarian { (1) Period Stated in Days or a Longer Unit. The court may meet in other locations as necessary. www.USCourtForms.com. (a) (1) Any party may appeal from a decision of the general sessions court to the circuit court of the county within a period of ten (10) days on complying with the provisions of this chapter. filing of Appellees width: 50%; padding-left: 8px; Rule 4: Appeal as of Right: Time for Filing Notice of Appeal. The following is a general timeline for how a case moves through the criminal justice process in Tennessee. For capital cases in which the crime occurred on or after July 1, 2019, the conviction and sentence of death will be appealed directly to the Tennessee Supreme Court after the judgment becomes final, bypassing the Court of Criminal Appeals. entry of final Rather, attorneys present oral and written arguments for the court's consideration. The amendment to Appellate Rule 4(c) corrects an obsolete reference to Criminal Rule 32(f)(1). } 90 days after filing } .race_footer { of the Evidence or the Tennessee modified its absentee/mail-in voting procedures and voter identification rules for the November 3, 2020, general election as follows: For a full timeline about election modifications made in response to the COVID-19 outbreak, click here. -Effective July l, 2017, Rule 4(a) is amended to require that the notice of appeal be filed with the appellate court clerk, instead of the trial court clerk. Transcript of the All Parties Court Clerk 25(d) (b) This provision allowing ten (10) days in which to perfect an appeal shall apply in every county of Tennessee, any provision of any private act to the contrary notwithstanding, it being the legislative intent to establish a uniform period of ten (10) days in which any such appeal may be perfected in any county in Tennessee. From Wikipedia, the free encyclopedia. Its membership was increased from nine to twelve on September 1, 1996, as a result of action by the General Assembly. Notice of Appeal ] That text was added to clarify that the filing of a notice of appeal prior to the trial courts ruling on a timely motion specified in subdivision (b) or (c) does not affect the trial courts ability to rule on the pending motion, so long as the motion was timely filed before or after the filing of the notice of appeal. 60 days after entry The nominee must be confirmed by both chambers of the state legislature. 15 days after .non_result_row th { .results_row { Transmit to 61 days after entry Location Tennessee Supreme Court DISCRETIONARY APPEALS Grants & Denials List June 12, 2023 - June 16, 2023 DENIALS Style/Appeal Number County/Trial Judge/ Trial Court No. Arnold B. Goldin (Western Section) (Retained). Rule 25: Completion and Transmission of the Record. Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form. Timeline For An Appeal Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form Timeline For An Appeal Form. Argument scheduled .race_header.democratic { If federal habeas corpus relief is denied in the district court, a defendant may ask the United States Court of Appeals for the Sixth Circuit to grant an appeal. float: left; Upon completion of all available state appeals, a defendant may file a petition for writ of habeas corpus in the federal district court. } } Judge McMullen was appointed to . Sign up for our free summaries and get the latest delivered directly to you. Date the Opinion 5. position: relative; position: relative; The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. } P. 40(i) (providing that the trial court clerks statutory fee shall be forfeited for failing to complete and transmit the record on appeal in the time and manner provided in these rules); Aclin v. Speight, 611 S. W.2d 54, 56 (Tenn. Ct. App. Supreme Court font-size: 20px; Mandate (Certified copy Removal by a two-thirds vote of each house of the General Assembly, after recommendation from the court of the judiciary, Conviction by a two-thirds vote of the Senate, following impeachment by a two-thirds vote of the house of representatives. All Parties P. 21(b) (stating, in summary, that the time for filing a notice of appeal cannot be suspended or extended by the appellate court). A transcript or statement of the evidence must be filed with the trial court clerk within 60 days after the filing of the notice of appeal unless extended by the court. .mw-body #mw-content-text th.votebox-results-cell--text { text-align: center; Judges are chosen via the Tennessee Plan: they are elected every eight years, and must be evaluated prior to the election in order to keep voters informed. You're all set! Upon Receipt and .votebox_legend .non_result_row { margin-bottom: 0px; Parties .outer_percentage { Clerk STEP 1 APPEALABLE ORDER Is entered in the Superior Court By the CA Rules of Court Before an appeal can start STEP 2 NOTICE OF APPEAL Is filed in the Superior Court By the Appellant Generally in 60 days but could be up to 180 days STEP 3 DESIGNATING THE RECORD Is submitted to the Superior Court By Both Parties Deadline is different for each party 11(d) TRAP Tech: Matt Latourelle Ryan Burch Kirsten Corrao Beth Dellea Travis Eden Tate Kamish Margaret Kearney Eric Lotto Joseph Sanchez. border: 1px solid #999; Application to the .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Sixth Circuit Court of Appeals U.S. District Court: Eastern District of Tennessee, Middle District of Tennessee, Western District of Tennessee U.S. Bankruptcy Court: Eastern District of Tennessee, Middle District of Tennessee, Western District of Tennessee, Tennessee Supreme Court Rule 25(a) makes clear that the clerk is not required to bind together the transcript of evidence with the other parts of the record. margin: 0px 10px; Appellants Brief This appeal involves a bid awarded by a county finance department and upheld by the. background-color: #6db24f; Trial court When the period is stated in days or a longer unit of time: The Tennessee Court of Appeals is an intermediate appellate court in Tennessee. } if any, in addition to Deadline Rule 8A imposes special requirements governing the appeal of any termination of parental rights proceeding. width: 100%; position: relative; Trial court Trial Court .votebox.no_results { 6, 9 & Termination of Parental Rights Proceedings. .inner_percentage.Green { [1], The twelve judges on the Tennessee Court of Appeals are selected through assisted appointment. margin-bottom: 4px; margin: 8px auto; If a post-trial motion specified in Rule 4 is timely filed after the filing of a notice of appeal and after the trial court clerks service of the notice of appeal on the clerk of the appellate court pursuant to Rule 5(a), the trial court clerk must notify the clerk of the appellate court of the filing of the motion; in addition, the trial court clerk must promptly notify the clerk of the appellate court of the entry of the trial courts order disposing of the motion. In a direct appeal, a defendant can raise questions about the validity of his or her conviction and/or sentence in a brief filed in the Court of Criminal Appeals. All Parties background-color: #9d334; The judges are elected to eight-year terms. Clerk & all Appellate When the record is complete for purposes of the appeal, the clerk of the trial court shall transmit the record to the clerk of the appellate court and shall transmit therewith the list identifying the documents required by subdivision (a) of this rule. .votebox_legend .non_result_row { .non_result_row { A prematurely filed notice of appeal shall be treated as filed after the entry of the judgment from which the appeal is taken and on the day thereof. In state court, the court clerk must issue and sign all subpoenas. Court and the Court of Appeals to work with the committee to improve both the quality and accuracy of the information in the book. Bill Lees subsequent Executive Order No. the record PDF. display: inline-block; Intermediate appellate court of Tennessee, http://www.tncourts.gov/courts/court-criminal-appeals, https://en.wikipedia.org/w/index.php?title=Tennessee_Court_of_Criminal_Appeals&oldid=1130437334, State appellate courts of the United States, Pages using infobox court with unknown parameters, Creative Commons Attribution-ShareAlike License 4.0, Robert H. Montgomery Jr. - Eastern Section, This page was last edited on 30 December 2022, at 04:53. The Tennessee Court of Appeals has ruled on behalf of a Tennessee resident who was fired after contacting her state House representative regarding an ultimatum presented by her . vertical-align: top; 11(f) The clerk shall comply with the request by making the record available at the clerk's office or by sending the record to the attorney at the attorney's expense. 14 days after filing Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. The one seat was up for retention election on August 6, 2020. This is an amendment to conform Appellate Rule 4 to Civil Rule 59. overflow: hidden; .results_text { Court Deadline overflow-y: auto; position: absolute; (a) Generally. F-2 (One Month) December 31, 2022. Notice of Docket Activity Tutorial for Court Reporters. A three-judge panel of the Court of Criminal Appeals will issue an opinion after reviewing briefs, the trial court record, and any arguments. font-size: 0.9em; Clerk 42 max-width: 75px; App. } In the event of the failure of the clerk of the trial court to complete the record within the time allowed, the clerk of the appellate court shall notify the trial court and take such other steps as may be directed by the appellate court.
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