Rule 5 Appeal as of Right - When Taken.

(a) Appeals in Civil Cases.

(1) In a civil case in which an appeal is permitted by law as of right from the Superior Court to the Supreme Court, the notice of appeal required by Rule 4 shall be filed with the Clerk of the Supreme Court within 30 days after the date of entry of the judgment or order appealed from; but if the Government of the Virgin Islands or the United States of America or an officer or agency thereof is a party, the notice of appeal may be filed by any party within 60 days after such entry. A notice of appeal filed after the announcement of a judgment or order – but before entry of the judgment or order – is treated as filed on the date of and after the entry of judgment.

(2) To be appealable as of right, an order of the Superior Court must either be a final order, or must fall within one or more of the categories of interlocutory orders for which a right of appeal is specified in 4 V.I.C. Sections 33(b) and (c).

(3) If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date on which the first notice of appeal was filed, or within the time otherwise prescribed by statute or by this Rule, whichever period last expires.

(4) If any party timely files in the Superior Court a motion for judgment as a matter of law; to amend findings or make additional findings; for a new trial; to alter or amend the judgment or order; or (if filed within 28 days) for relief from the judgment or order, the time for filing the notice of appeal for all parties is extended until 30 days after entry of an order disposing of the last such motion; provided, however, that the failure to dispose of any motion by order entered upon the record within 120 days after the date the motion was filed shall constitute a denial of the motion for purposes of appeal. A notice of appeal filed after announcement or entry of the judgment but before disposition of any of the above motions is ineffective to appeal from the judgment or order, or part thereof, specified in the notice of appeal, until the date of the entry of the order disposing of the last such motion outstanding or 120 days after the date the last such motion was filed. Appellate review of an order disposing of any of the above motions requires the party, in compliance with Rule 4(c), to amend a previously filed notice of appeal. A party intending to challenge an alteration or amendment of the judgment shall file with the Clerk of the Supreme Court a notice or an amended notice of appeal within the time prescribed by this Rule 5, measured from the entry of the order disposing of the last such motion outstanding. No additional fees will be required for filing an amended notice. A motion for attorney’s fees shall not affect the running of the time for appeal.

(5) The Superior Court shall have authority to consider and deny any motion for relief from a judgment or order that is filed more than 28 days after the final judgment or order is entered. If the Superior Court would otherwise be disposed to grant such a motion, it shall so notify the Supreme Court and request that the entire matter be remanded to the Superior Court for further action. The Supreme Court may grant such request in its discretion, taking into consideration the interests of judicial efficiency and the possibility of abuse. The Superior Court shall, if a notice of appeal has been filed, have no authority to grant motions specified in Rule 5(a)(4) that have either been untimely filed or have been deemed denied due to the expiration of the 120-day period provided, but may notify the Supreme Court of its intent to grant such a motion. The untimely filing of such motions shall not affect the time for appeal or the jurisdiction of the Supreme Court over the appeal.

(6) The appellant shall promptly file in the Supreme Court notice of the filing or pendency of any motion in the Superior Court and, in addition, shall file the Superior Court's decision, order or other disposition no later than 14 days after the trial court acts upon the motion. If the Superior Court fails to rule upon a timely filed motion authorized by Rule 5(a)(4) within 120 days, the appellant shall notify the Supreme Court of this fact in the notice of appeal or, if a notice of appeal had previously been filed, no later than 14 days after the expiration of the 120-day period. It is the responsibility of the appellant to keep the Supreme Court apprised of any change in the status of any action that may affect the appeal. Failure to follow this Rule may result in sanctions.

(7) The Clerk of the Superior Court shall transmit to the Clerk of the Supreme Court copies of any motions filed or orders entered in the Superior Court after the notice of appeal is filed.

(8) The Superior Court, upon a showing of excusable neglect or good cause, may extend the time for filing a notice of appeal upon motion filed not later than 30 days after the expiration of the time prescribed by this Rule 5(a); provided, however, that the Supreme Court may, sua sponte or on motion, take any appropriate action, including, but not limited to, making the excusable neglect or good cause determination and ruling on the motion in the first instance, if the Superior Court fails to act on the extension request within 120 days. Any such motion must be served upon the remaining parties. Notice of appeal or any motion for extension of time which is filed after expiration of the prescribed time shall be given to the other parties in accordance with the rules of the Supreme Court or the Superior Court, as the case may be. No such extension shall exceed 30 days past such prescribed time or 14 days after the date of entry of the order granting the motion, whichever occurs later.

(9) A judgment or order is entered within the meaning of this Rule when it is entered in the docket in compliance with Superior Court Rule 49. Failure of the Superior Court to enter a separate document representing the judgment and/or order shall not toll the time for appeal. The time for appeal begins upon the entry of the final order into the docket.

(10) The Superior Court, if it finds (a) that a party entitled to notice of the entry of a judgment or order did not receive such notice from the Clerk of the Superior Court or any party and (b) that no party would be substantially prejudiced, may, upon motion filed within 90 days after entry of the judgment or order or within 14 days after receipt of such notice, whichever is earlier, reopen the time for appeal for a period of 14 days after the date of entry of the order reopening the time for appeal, provided, however, that the Supreme Court may, sua sponte or on motion, take any appropriate action, including, but not limited to, making the determination and ruling on the motion in the first instance, if the Superior Court fails to act on the request to reopen within 120 days. This Rule shall not be construed as excusing the parties from their affirmative responsibility to regularly monitor the status of their case in the Superior Court.

(11) If a notice of appeal is mistakenly filed in the Superior Court, the Clerk of the Superior Court shall note thereon the date when the Clerk received the notice and transmit it to the Clerk of the Supreme Court. Such notice shall be deemed filed in the Supreme Court on the date so noted by the Clerk of the Superior Court.

(b) Appeals in Criminal Cases.

(1) In a criminal case, a defendant shall file the notice of appeal in the Supreme Court within 30 days after the entry of (i) the judgment or order appealed from or (ii) a notice of appeal by the Government. A notice of appeal filed after the announcement of a decision, sentence, or order -- but before entry of the judgment or order -- is treated as filed on the date of and after the entry of judgment.

(2) If any party timely files a motion for judgment of acquittal or for a new trial (on a ground other than newly discovered evidence), the time for filing the notice of appeal for all parties is extended until 30 days after entry of the order disposing of the last such motion outstanding; to toll the time to file a notice of appeal, a motion for a new trial based on newly discovered evidence must be filed within 30 days after the date of the date of the final judgment or order. A notice of appeal filed after the Superior Court announces a decision, sentence, or order but before it disposes of any of the above motions, if the motion was timely filed, is ineffective until the date of the entry of the order disposing of the last such timely filed motion outstanding, or until the date of the entry of the judgment of conviction, whichever is later. Notwithstanding the provisions of Rule 4(c), a valid notice of appeal is effective without amendment to appeal from an order disposing of any of the above motions. When an appeal by the Government is authorized by statute (as under 4 V.I.C. § 33(d)), the notice of appeal shall be filed in the Supreme Court within 30 days after (i) the entry of the judgment or order appealed from or (ii) the filing of a notice of appeal by any defendant.

(3) The filing of a notice of appeal under this Rule 5(b) does not divest the Superior Court of jurisdiction to correct a sentence; nor does the filing of such a motion affect the validity of a notice of appeal filed before entry of the order disposing of the motion. The Superior Court shall have authority to consider and deny any motion for a new trial based on the ground of newly discovered evidence that is filed more than 14 days after the final judgment or order is entered. If the Superior Court would otherwise be disposed to grant such a motion that is filed more than 14 days after entry of judgment or order, it shall so notify the Supreme Court and request that the entire matter be remanded to the Superior Court for further action. The Supreme Court may grant such request in its discretion, taking into consideration the interests of judicial efficiency and the possibility of abuse. The Superior Court shall have no authority to grant motions specified in Rule 5(b)(2) that have been untimely filed but may notify the Supreme Court of its intent to grant such a motion. The untimely filing of such motions shall not affect the time for appeal or the jurisdiction of the Supreme Court over the appeal.

(4) The appellant shall promptly file in the Supreme Court notice of the filing or pendency of any motion in the lower court and, in addition, shall file the Superior Court's decision, order, or other disposition no later than 14 days after the trial court disposes of the motion. It is the responsibility of the appellant to keep the Supreme Court apprised of any change in the status of any action that may affect the appeal. Failure to follow this Rule may result in sanctions.

(5) The Clerk of the Superior Court shall transmit to the Clerk of the Supreme Court copies of any motions filed or orders entered in the Superior Court action after the notice of appeal is filed.

(6) A judgment or order is entered within the meaning of this subdivision when it is entered on the criminal docket. Upon a showing 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 for filing a notice of appeal for a period not to exceed 30 days after the expiration of the time otherwise prescribed by this subdivision; provided, however, that the Supreme Court may, sua sponte or on motion, take any appropriate action, including, but not limited to, making the excusable neglect or good cause determination and ruling on the motion in the first instance, if the Superior Court fails to act on the extension request within 120 days. Notice of appeal or any motion for extension of time which is filed after expiration of the prescribed time shall be served on the other parties in accordance with the rules of the Supreme Court or the Superior Court, as the case may be.

(7) If a notice of appeal is mistakenly filed in the Superior Court, the Clerk of the Superior Court shall note thereon the date on which it was received and electronically transmit it to the Clerk of the Supreme Court. Such notice shall be deemed filed in the Supreme Court on the date so filed in the Superior Court.

(c) Appeal by an Inmate Confined in an Institution. If an inmate confined in an institution outside the boundaries of the Virgin Islands files a notice of appeal, in either a civil or criminal case, of a Superior Court judgment or appealable order in a civil or criminal case, the notice is timely filed if it is deposited in the institution's internal mail system on or before the last day for filing. Timely filing may be shown by a notarized statement by the warden or other individual in charge of the institution setting forth the date of deposit and stating that first-class postage has been prepaid. All other documentation indicating proof of deposit and mailing shall accompany the motion to deem filed.

(d) Appeals in Juvenile Matters. Appeals in juvenile matters to the Supreme Court from the Superior Court may be taken as a matter of right. The time to appeal and related procedures are governed by Rule 5(b), Appeals in Criminal Cases, and requests for a stay of a judgment or order of the Superior Court shall be governed by Rule 8(b). In all appeals contesting transfer of juveniles pursuant to 5 V.I.C. §§ 2508 and 2509, appellant shall move for expedited review under Rule 5(e).

(e) Expedited Appeals. A party who seeks an expedited appeal shall, within 14 days after the notice of appeal, file with the Supreme Court a motion setting forth the exceptional reason that warrants expedition. Opposition, if any, to expedited treatment shall be filed within ten days thereafter unless otherwise directed by the Court.

(f) Case Caption. The case caption should list the appellant(s) v. appellee(s), in that order. Reference should also be made to parties' titles in the lower court action. Nominal appellees should be identified below the initial caption with their lower court titles. Juvenile appellants or appellees should be identified only by their initials.