Rule 44. Transfer of improperly pursued appeals.

If a notice of appeal, a petition for permission to appeal from an interlocutory order, or a petition for review is filed in a timely manner but is pursued in an appellate court that does not have jurisdiction in the case, the appellate court, either on its own motion or on motion of any party, shall transfer the case, including the record on appeal, all motions and other orders, and a copy of the docket entries, to the court with appellate jurisdiction in the case. The clerk of the transferring court shall give notice to all parties and to the clerk of the trial court of the order transferring the case. The time for filing all papers in a transferred case shall be calculated according to the time schedule of the receiving court.

Advisory Committee Note. - Rule 4C is renumbered as Rule 44. It is amended tp permit the transfer of an appeal that is timely but improperly filed not only between the Supreme Court and Court of Appeals but also to the District Court. Under the Administrative Procedures Act, the District Court has jurisdiction to review informal adjudicative proceedings of administrative agencies. The Supreme Court and Court of Appeals have jurisdiction over the review of formal adjudicative proceedings. Provided that all parties have notice of the intent to seek judicial review, the same policy considerations that permit the transfer of the improperly filed appeal between the Supreme Court and the Court of Appeals should permit the transfer of such a case to the District Court.