Rule 3 Appeal as of Right—How Taken

(a) In General. A judgment that is reviewable as of right in the Supreme Court may only be reviewed by appeal in accordance with these rules. An appeal from a judgment preserves for review any claim of error in the record, including any claim of error in any of the orders specified in Rule 4(b). An appeal designated as taken from an order specified in Rule 4(b) will be treated as an appeal from the judgment.

(b) Filing and Serving the Notice of Appeal.

(1) In General.

(A) Except as provided in paragraph (2), an appeal as of right is taken by filing a notice of appeal with the superior court clerk within the time allowed by Rule 4. Any entry fee required under 32 V.S.A. § 1431 is due at the time for filing the notice of appeal. For appeals from executive-branch administrative boards or agencies, any required entry fee must be paid within 14 days after the Supreme Court clerk dockets the appeal.

(B) The appellant must:

(i) provide a copy of the notice of appeal to the Supreme Court clerk;

(ii) serve a copy of the notice of appeal on counsel of record for each of the other represented parties to the appeal; and

(iii) serve a copy of the notice of appeal on any self-represented party.

(C) Service is sufficient despite the death of a party or a party’s counsel.

(D) An appellant’s failure to take any step other than the timely filing of a notice of appeal does not affect the appeal’s validity, but is ground for the Supreme Court to take any appropriate action, including dismissal.

(2) Sentence of Life Imprisonment.

(A) In a criminal case resulting in a sentence of life imprisonment, an appeal will be entered without the filing of a notice of appeal, except that a notice of appeal must be filed by the defendant in a case in which

(i) the defendant has, with the advice of counsel, waived his right to appeal on the record in open court, or

(ii) the defendant, with the advice of counsel, entered a plea of guilty or nolo contendere to the underlying charge.

(B) When an appeal is entered without the filing of a notice of appeal in accordance with subparagraph (A), the following procedures will apply:

(i) The date of entry of judgment will be treated as the date from which all time periods will run that would otherwise be triggered by the filing of the notice of appeal.

(ii) The judge will direct the clerk to transmit a copy of the notice of entry of judgment required by V.R.Cr.P. 56(d), and the record of actions, to the Supreme Court clerk.

(iii) The appeal will be docketed in the Supreme Court and the record and transcript prepared and forwarded as provided in these rules for appeals in other criminal cases. The Supreme Court will review the record in the interests of justice and consider any claim of error as if a notice of appeal has been filed.

(c) 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 the Supreme Court on its own motion, or a party’s motion, or by stipulation.

(d) 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 the judgment, order, or part thereof being appealed;

(C) name the court to which the appeal is taken;

(D) indicate if the appeal is from a proceeding under Chapter 51 and 53 of Title 33; and

(E) be signed by the appellant or the appellant’s attorney.

(2) A notice of appeal filed by a self represented person 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 will 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.

(e) Docketing Statements. Within 14 days after taking an appeal, appellant must file a docketing statement using a form prescribed by the clerk. Appellee may file a docketing statement within 14 days after service of appellant’s docketing statement.