Rule 4 Appeals—When Taken

(a) Appeal in a Civil Case.

(1) Time for Filing a Notice of Appeal. In a civil case, except as provided in Rule 4(a)(4) and Rule 4(c), the notice of appeal required by Rule 3 must be filed with the Superior Court clerk within 30 days after the entry of judgment or order appealed from, as defined in Rule 4(a)(7).

(2) Filing Before Entry of Judgment. A notice of appeal filed after the Superior Court announces a decision or order—but before the entry of the judgment or order—is treated as filed on the date of the entry. The Superior Court clerk shall refrain from filing the notice of appeal with the Court until such time as the separate entry of judgment is filed.

(3) Multiple Appeals. If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time otherwise prescribed by Rule 4(a), whichever period ends later.

(4) Effect of a Motion on a Notice of Appeal.

(A) If a party timely files in the Superior Court any of the following motions under the NMI Rules of Civil Procedure, and does so within the time allotted by those Rules, the time to file a notice of appeal runs for all parties from the entry of the order disposing of the last such remaining motion:

(i) For judgment under Rule 50(b);

(ii) To amend or make additional factual findings under Rule 52(b), whether or not granting the motion would alter the judgment;

(iii) For attorney fees under Rule 54(d)(2);

(iv) To alter or amend the judgment under Rule 59(e);

(v) For a new trial under Rule 59; or

(vi) For relief under Rule 60 if the motion is filed no later than 28 days after the judgment is entered.

(B) [Reserved]

(i) If a party files a notice of appeal after the Superior Court announces or enters a judgment—but before it disposes of any motion listed in Rule 4(a)(4)(A)—the notice becomes effective to appeal a judgment or order, in whole or in part, when the order disposing of the last such remaining motion is entered.

(ii) A party intending to challenge an order disposing of any motion listed in Rule 4(a)(4)(A), or a judgment altered or amended upon such a motion, must file a notice of appeal, or an amended notice of appeal—in compliance with Rule 3(c)—within the time prescribed by this rule measured from the entry of the order disposing of the last such remaining motion.

(iii) [Reserved]

(5) Motion for Extension of Time.

(A) The Superior Court may extend the time to file a notice of appeal if:

(i) A party so moves no later than 30 days after the time otherwise prescribed by Rule 4(a) expires; and

(ii) Regardless of whether its motion is filed before or during the 30 days after the time otherwise prescribed by Rule 4(a) expires, that party shows excusable neglect or good cause.

(B) A motion filed before the expiration of the time prescribed in Rule 4(a) may be ex parte unless the court requires otherwise. If the motion is filed after the expiration of the prescribed time, notice must be given to the other parties in accordance with the NMI Rules of Civil Procedure.

(C) No extension under Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after the date when the order granting the motion is entered, whichever is later.

(6) Reopening the Time to File an Appeal. The Superior Court may reopen the time to file an appeal for a period of 14 days after the date when its order to reopen is entered, but only if all the following conditions are satisfied:

(A) The court finds that the moving party did not receive notice under NMI Rule of Civil Procedure 77(d) of the entry of the judgment or order sought to be appealed within 21 days after entry;

(B) The motion is filed within 180 days after the judgment or order is entered or within 14 days after the moving party receives notice under NMI Rule of Civil Procedure 77(d) of the entry, whichever is earlier; and

(C) The court finds that no party would be prejudiced.

(7) Entry Defined.

(A) A judgment or order is entered for purposes of Rule 4(a):

(i) [Reserved]

(ii) When the judgment or order is entered in the civil docket under NMI Rule of Civil Procedure 79(a) and when the earlier of these events occurs:

(1) The judgment or order is set forth on a separate document, or

(2) 150 days have run from entry of the judgment or order in the civil docket under NMI Rule of Civil Procedure 79(a).

(B) [Reserved]

(b) Appeal in a Criminal Case.

(1) Time for Filing a Notice of Appeal.

(A) In a criminal case, a defendant’s notice of appeal must be filed in the Superior Court within 30 days after the later of:

(i) The entry of either the judgment or the order being appealed; or

(ii) The filing of the government’s notice of appeal.

(B) When the government is entitled to appeal, its notice of appeal must be filed in the Superior Court within 30 days after the later of:

(i) The entry of the judgment or order being appealed; or

(ii) The filing of a notice of appeal by any defendant.

(2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a decision, sentence, or order—but before the entry of the judgment or order—is treated as filed on the date of the entry.

(3) Effect of a Motion on a Notice of Appeal.

(A) If a defendant timely makes any of the following motions under the NMI Rules of Criminal Procedure, the notice of appeal from a judgment of conviction must be filed within 30 days after the entry of the order disposing of the last such remaining motion, or within 30 days after the entry of the judgment of conviction, whichever period ends later. This provision applies to a timely motion:

(i) For judgment of acquittal under Rule 29;

(ii) For a new trial under Rule 33, but if based on newly discovered evidence, only if the motion is made no later than 14 days after the entry of judgment; or

(iii) For arrest of judgment under Rule 34.

(B) A notice of appeal filed after the Superior Court announces a decision, sentence, or order—but before it disposes of any of the motions referred to in Rule 4(b)(3)(A)—becomes effective upon the later of the following:

(i) The entry of the order disposing of the last such remaining motion; or

(ii) The entry of the judgment of conviction.

(C) A valid notice of appeal is effective—without amendment—to appeal from an order disposing of any of the motions referred to in Rule 4(b)(3)(A).

(4) Motion for Extension of Time. Upon a finding of excusable neglect or good cause, the Superior Court may—before or after the time has expired, with or without motion and notice— extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by Rule 4(b).

(5) Jurisdiction. The filing of a notice of appeal under Rule 4(b) does not divest the Superior Court of jurisdiction to correct a sentence under NMI Rule of Criminal Procedure 35(a), nor does the filing of a motion under Rule 35(a) affect the validity of a notice of appeal filed before entry of the order disposing of the motion. The filing of a motion under NMI Rule of Criminal Procedure 35(a) does not suspend the time for filing a notice of appeal from a judgment of conviction.

(6) Entry Defined. A judgment or order is entered for purposes of Rule 4(b) when it is entered on the criminal docket.

(c) Appeal by an Inmate Confined in an Institution.

(1) If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. If an inmate confined in an institution files a notice of appeal in either a civil or a criminal case, the notice is timely if it is deposited in the institution’s internal mail system on or before the last day for filing and:

(A) it is accompanied by:

(i) a declaration, sworn under penalty of perjury, attesting to compliance with the applicable filing deadline, or by a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid; or

(ii) evidence (such as a postmark or date stamp) showing that the notice was so deposited and that postage was prepaid; or

(B) the Court exercises its discretion to permit the later filing of a declaration or notarized statement that satisfies Rule 4(c)(1)(A)(i).

(2) If an inmate files the first notice of appeal in a civil case under Rule 4(c), the 14-day period provided in Rule 4(a)(3) for another party to file a notice of appeal runs from the date when the Superior Court dockets the first notice.

(3) When a defendant in a criminal case files a notice of appeal under Rule 4(c), the 30-day period for the government to file its notice of appeal runs from the entry of the judgment or order appealed from or from the Superior Court’s docketing of the defendant’s notice of appeal, whichever is later.

(d) Mistaken Filing in this Court. If a notice of appeal in either a civil or criminal case is mistakenly filed in this Court, the Clerk must note on the notice the date when it was received and send it to the Superior Court. The notice is then considered filed in the Superior Court on the date so noted.