Saipan, CNMI – On November 13, 2024, the Supreme Court dismissed an appeal by the Commonwealth for lack of jurisdiction in Reyes v. Commonwealth. The trial court determined that the government could be sued under the Government Liability Act without naming a specific employee, and the Commonwealth attempted to appeal that decision before trial.
Appellant James Reyes moved for dismissal of the appeal because the lower court’s order was not the final decision in the case and the Commonwealth would not suffer any harm by continuing to trial without this appeal. The Commonwealth argued either that sovereign immunity would be lost because the government has a right to be free from trial if it does not consent to be sued, or that the government would face increased litigation costs.
The Court disagreed with the Commonwealth and granted the dismissal, holding that the government does not have a right to be free from trial. The Court also found that a cost-saving objective is insufficient rationale for allowing an appeal before trial and inconsistent with the Legislature’s intent. The Supreme Court dismissed the appeal for want of jurisdiction without deciding the merits of the lower court’s decision.
The full opinion can be read on the Law Revision Commission website: https://cnmilaw.org/pdf/supreme/2024-MP-08.pdf
2024-PR-020
FOR IMMEDIATE RELEASE
NOVEMBER 13, 2024
This press release has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov.
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