Rule 3 Appeal as of Right – How Taken

(a) Filing the Notice of Appeal. An appeal permitted by law as of right from the trial division, the land and titles division, or the district court to the appellate division shall be taken by filing a notice of appeal with the clerk of court within the time allowed by 4 ACR. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the appellate division (or a single judge of the appellate division as specifically provided for in these rules) deems appropriate, which may include dismissal of the appeal.

(b) Joint or Consolidated Appeals. If two or more persons are entitled to appeal from a judgment or order of the trial division, the land and titles division, or the district court and their interests are such as to make joinder practicable, they may file a joint notice of appeal, or may join in appeal after filing separate notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the appellate division upon its own motion or of a party or by stipulation of the parties to the several appeals.

(c) Content of the Notice of Appeal. The notice of appeal shall specify the party or parties taking the appeal and shall designate the judgement, order or part thereof appealed from and a request for an estimate for the transcript of the proceedings. Appellant(s) shall have five (5) days from the filing of the notice of appeal to request a estimate of the transcript from the Court Reporters. If the five (5) days has elapsed and no request for a transcript has been filed with Court or appellant(s) advises that he will not be ordering a transcript and will be submitting the matter on the balance of the record described in ACR 10. (a) and (c), the time for filing appellant(s) brief shall be thirty five (35) days from the filing of the notice of appeal. Form 1 in the Appendix of Forms to the Federal Rules of Appellate Procedure is the suggested form of a notice of appeal. An appeal shall not be dismissed for informality of form or title of the notice of appeal. Counsel are reminded that it is their duty, not the Court Reporters, to file a copy of the receipt of payment of the transcript issued by the Court Reporters, and should familiarize themselves with High Court Appellate Court Rule 10(a) through (e).

(d) Service of the Notice of Appeal. The clerk of court shall serve notice of the filing of a notice of appeal by mailing a copy thereof to counsel of record of each party other than the appellant or by placing the notice in the Court box, if a party is not represented by counsel, by personal service on him or by mailing the notice to the party at his last known address. When appeal is taken by a defendant in a criminal case, the clerk shall also serve a copy of the notice of appeal upon him, either by personal service or by mail addressed to him. The clerk shall note on each copy served the date on which the notice of appeal was filed. Failure of the clerk to serve notice shall not affect the validity of the appeal. Service shall be sufficient notwithstanding the death of a party of his counsel. The clerk shall note in the docket the names of the parties upon whom he serves copies, with the date of service.

(e) Payment of Fees. Upon the filing of any separate or joint notice of appeal from the trial division, the land and titles division, or the district court, the appellant shall pay to the clerk of court such as established by 26 HCR. Effective March 25, 1986