Rule 4 Appeal as of Right – When Taken
Rule Text
(a) Appeals in Civil Cases.
(1) In a civil case in which an appeal is permitted by law as of right from the trial division, the land and titles division, or the district court to the appellate division, a motion for a new trial as required by 43.0802 A.S.C.A. shall be filed with the clerk of court within 10 days after the date of entry of the judgment or order appealed from. The notice of appeal shall be filed within 10 days after the denial of the motion for a new trial.
(2) Except as provided in (a)(4) of this rule, a notice of appeal filed after the announcement of a decision or order but before the entry of the judgment or ordershall be treated as filed after such entry and on the day thereof.
(3) If a timely notice of appeal is not filed by a party any other party may file a motion to dismiss the appeal and the appellate division or a single judge thereofmay consider and determine the motion.
(4) If a timely motion is filed in the trial division, land and titles division, or district court by any party under 52(b) TCRCP to amend or make additional findings of fact, the time for appeal for all parties shall run from the entry of the order granting or denying any such motion. A notice of appeal filed before the disposition of the above motion shall have no effect. A new notice ofappeal must be filed within the prescribed time measured from the entry of the order disposing of the motion as provided above. No additional fees shall be required for such filing.
(5) (OMITTED).
(6) A judgment or order is entered within the meaning of this 4(a) ACR when it is entered in compliance with 58 T.C.R.C.P.
(b) Appeals in Criminal Cases. In a criminal case a motion for a new trial by a defendant as required by 43.0802 A.S.C.A. shall be filed in the trial division or district court within 10 days after the entry of the judgment or order appealed from. The notice of appeal shall be filed within 10 days after the denial of the motion for a new trial. A notice of appeal filed after the announcement of decision, sentence or order but before entry of the judgment or order shall be treated as filed after such entry and on the day thereof. If a timely motion in arrest of judgment has been made, an appeal from a judgment of conviction must be taken within 10 days after the entry of an order denying the motion. When an appeal by the government is authorized by statute, the notice of appeal shall be filed in the trial division or district court within 10 days after the entry of the judgment or order appealed from. A judgment or order is entered within the meaning of this subdivision when it is entered in the criminal docket.