Rule 51. Procedure for appeal—Time period to appeal

Cite as: 20 CNCA app. I, r. 51

A. An appeal to the Supreme Court in civil cases shall be by petition in error filed no later than thirty (30) days after the entry of the written judgment or order of the District Court.

B. An appeal to the Supreme Court in criminal cases shall be made no later than thirty (30) days after entry of the written judgment or order of the District Court.

C. If one party has filed an appeal within the time period provided, the other party shall file a response and may take a Cross–Appeal by filing across–petition in error within thirty (30) days of filing of the initial appeal.

D. Late appeals shall be denied filing by the Clerk of the Supreme Court unless leave for late filing has been granted by the Court.

E. The Court may, at their discretion, grant leave to appeal from any order or judgment upon the showing by appellant, supported by affidavit, that there is merit in the reasons for appeal and that late filing was not due to appellant or appellant's attorney/advocate's negligence.

Historical Data

SC–AD–13–01, adopted March 27, 2013.