Rule Text
It shall be the responsibility of the trial counsel to file all jurisdictional documents required to be filed in the district court and the Court of Criminal Appeals to initiate the appeal. The System shall be prohibited from accepting any appeal, unless trial counsel has timely filed all necessary documents or has pursued and been granted the authority for an appeal out of time on the defendant's behalf.
Amendment history: Added by Laws 1981, c. 207, § 9, emerg. eff. May 26, 1981. Amended by Laws 1986, c. 248, § 1, emerg. eff. June 13, 1986; Laws 1992, c. 303, § 16, eff. July 1, 1992; Laws 1996, c. 301, § 13, eff. July 1, 1996; Laws 1997, c. 326, § 5, eff. Nov. 1, 1997; Laws 2001, c. 210, § 16, eff. July 1, 2001.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Here's a plain English summary of this rule:
When someone wants to appeal a criminal case, their trial lawyer is the one responsible for filing all the paperwork needed to get the appeal started. This paperwork has to be filed with both the district court and the Court of Criminal Appeals.
The court system will not accept an appeal if this paperwork was not filed on time. There is one exception: if the trial lawyer asks the court for permission to file late, and the court grants that permission, the appeal can still move forward even though the deadline was missed.
In short, this rule puts the job of starting an appeal on the trial lawyer's shoulders, not the defendant. If the lawyer misses the deadline and does not get approval to file late, the appeal cannot go through.
