Rule 4 Appeal as of Right - How Taken.
Rule Text
(a) Filing the Notice of Appeal. An appeal permitted by law as of right from the Superior Court to the Supreme Court shall be taken by conventionally or electronically filing a notice of appeal with the Clerk of the Supreme Court in accordance with Rule 40, within the time allowed by Rule 5. 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 Supreme Court 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 Superior Court and their interests are such that joinder is practicable, they may file a joint notice of appeal, or may join in an appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the Supreme Court upon its own motion, upon motion of a party, or upon stipulation of the parties to the several appeals. When parties have filed a joint notice of appeal, only one appeal will be docketed and only one docketing fee paid. Parties filing a joint notice of appeal shall file a single consolidated brief and appendix. When the parties have filed separate notices of appeal, each party shall pay a separate docket fee, but the appeals may be joined or consolidated by the Supreme Court.
(c) Content of the Notice of Appeal. The notice of appeal shall specify the party or parties taking the appeal and, even if the notice is electronically filed, it shall contain their physical addresses and telephone numbers; shall designate the judgment, order, or part thereof appealed from and the reason(s) or issue(s) to be presented on appeal. An appeal shall not be dismissed solely for defects 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, but any omission of matters of substance may be grounds for sanctions.
(d) Service of the Notice of Appeal. Appellant shall conventionally serve notice of the filing of a notice of appeal in accordance with Rule 15 on counsel of record for each party other than the appellant, or, if a party is not represented by counsel, by conventional service to the last known address of that party; appellant shall file a certificate of service with the notice of appeal. Conventional service of the notice of appeal on these parties is required even if the notice of appeal was electronically filed. After docketing a notice of appeal, the Clerk of the Supreme Court shall promptly electronically transmit a copy of the notice of appeal to the Clerk of the Superior Court, who shall transmit forthwith a designation of the parties and a certified list of the docket entries to the Clerk of the Supreme Court, whether or not motions are pending, and shall begin assembling the record. When an appeal is taken in a criminal case, counsel shall also conventionally serve a copy of the notice of appeal upon the defendant, either by personal service or by mail addressed to the defendant. Appellant shall note on each copy served the date on which the notice of appeal was filed. Failure of appellant to serve notice shall not affect the validity of the appeal, but may be cause for sanctions. Service shall be sufficient notwithstanding the death of a party or the party's counsel. The Clerk of the Supreme Court shall note in the docket the names of the parties to whom the appellant served copies, with the date of service as indicated on the certificate of service.
(e) Payment of Fees. Upon the filing of any separate or joint notice of appeal, the appellant shall pay to the Clerk of the Supreme Court such fees as are required and referenced in Rule 3.
(f) Notice to Trial Judge; Opinion in Support of Order. At the time of the filing of the notice of appeal, the appellant shall mail a copy thereof by ordinary mail to the trial judge. Within 15 days thereafter, the trial judge may file and mail to the parties and the Clerk of the Supreme Court a written opinion or a written amplification of an earlier written or oral recorded ruling or opinion. Failure to give notice of the appeal to the trial judge shall not affect the jurisdiction of the Supreme Court.
(g) Notice of Appeal in Pro Se Cases. The Supreme Court and the Superior Court shall deem a paper filed by a pro se litigant after the decision of the Superior Court in a civil or criminal case, or in a habeas corpus case, to be a notice of appeal despite any defects in its form or title if it evidences an intention to appeal. The Supreme Court and the Superior Court shall deem an application for leave to appeal IFP or any other document expressing an intent to appeal to be a notice of appeal if no formal notice has been filed.
(h) Questions Which May be Raised on Appeal. Only issues and arguments fairly presented to the Superior Court may be presented for review on appeal; provided, however, that when the interests of justice so require, the Supreme Court may consider and determine any question not so presented.
(i) Harmless Error. No error or defect in any ruling or order or in anything done or omitted by the Superior Court or by any of the parties is ground for granting relief or reversal on appeal where its probable impact, in light of all of the evidence in the case, is sufficiently minor so as not to affect the substantial rights of the parties.