Rule 3 Appeal—How Taken
Article II: Appeals from Judgments And Orders of the Superior Court
Rule Text
(a) Filing the Notice of Appeal.
(1) An appeal from the Superior Court to this Court may be taken only by filing a notice of appeal with the Superior Court Clerk within the time allowed by Rule 4.
(2) An appellant’s failure to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is grounds only for this Court to act as it considers appropriate, including dismissing the appeal.
(3) [Reserved]
(4) [Reserved]
(b) Joint or Consolidated Appeals.
(1) When two or more parties are entitled to appeal from a Superior Court judgment or order, and their interests make joinder practicable, they may file a joint notice of appeal. They may then proceed on appeal as a single appellant.
(2) When the parties have filed separate timely notices of appeal, the appeals may be joined or consolidated by this Court.
(c) Contents of the Notice of Appeal.
(1) The notice of appeal must:
(A) Specify the party or parties taking the appeal by naming each one in the caption or body of the notice, but an attorney representing more than one party may describe those parties with such terms as “all plaintiffs,” “the defendants,” “the plaintiffs A, B, et al.,” or “all defendants except X”;
(B) Designate and attach the judgment, order, or part thereof being appealed.
(C) [Reserved]
(D) Specify if counsel is appointed.
(2) A pro se notice of appeal is considered filed on behalf of the signer and the signer’s spouse and minor children (if they are parties), unless the notice clearly indicates otherwise.
(3) In a class action, whether or not the class has been certified, the notice of appeal is sufficient if it names one person qualified to bring the appeal as representative of the class.
(4) An appeal must not be dismissed for informality of form or title of the notice of appeal, or for failure to name a party whose intent to appeal is otherwise clear from the notice.
(5) Form 1 in the Appendix is a suggested form of a notice of appeal.
(d) Serving the Notice of Appeal.
(1) The Superior Court clerk must serve notice of the filing of a notice of appeal on each party’s counsel of record—excluding the appellant’s—or, if a party is proceeding pro se, on the party. When a defendant in a criminal case appeals, the clerk must also serve a copy of the notice of appeal on the defendant. The Superior Court clerk must promptly send a copy of the notice of appeal to the Clerk.
(2) [Reserved]
(3) The Superior Court clerk’s failure to serve notice does not affect the validity of the appeal. The clerk must note on the docket the names of the parties served and the date of service. Service is sufficient despite the death of a party or the party’s counsel.
(e) Payment of Fees. Upon filing a notice of appeal, the appellant must pay all required fees.