(a) Filing appeal from final orders andjudgments. An appeal may be taken from a district or juvenile court to theappellate court with jurisdiction over the appeal from all final orders andjudgments, except as otherwise provided by law, by filing a notice of appealwith the clerk of the trial court within the time allowed by Rule 4. Failure ofan appellant to take any step other than the timely filing of a notice ofappeal does not affect the validity of the appeal, but is ground only for suchaction as the appellate court deems appropriate, which may include dismissal ofthe appeal or other sanctions short of dismissal, as well as the award ofattorney fees.
(b) Joint or consolidated appeals. If two ormore parties are entitled to appeal from a judgment or order and theirinterests are such as to make joinder practicable, they may file a joint noticeof appeal or may join in an appeal of another partyafter filing separate timely notices of appeal. Joint appeals may proceed as asingle appeal with a single appellant. Individual appeals may be consolidatedby order of the appellate court upon its own motion or upon motion of a party,or by stipulation of the parties to the separate appeals.
(c) Designation of parties. The party takingthe appeal shall be known as the appellant and the adverse party as theappellee. The title of the action or proceeding shall not be changed inconsequence of the appeal, except where otherwise directed by the appellatecourt. In original proceedings in the appellate court, the party making theoriginal application shall be known as the petitioner and any other party asthe respondent.
(d) Content of notice of appeal. The noticeof appeal shall specify the party or parties taking the appeal; shall designatethe judgment or order, or part thereof, appealed from; shall designate thecourt from which the appeal is taken; and shall designate the court to whichthe appeal is taken.
(e) Service of notice of appeal. The partytaking the appeal shall give notice of the filing of a notice of appeal byserving each party to the judgment or order in accordance with the requirementsof the court from which the appeal is taken. If counsel of record is served,the certificate of service shall designate the name of the party represented bythat counsel.
(f) Filing fee in civil appeals. At the timeof filing any notice of separate, joint, or cross appeal in a civil case, theparty taking the appeal shall pay to the clerk of the trial court the filingfee established by law. The clerk of the trial court shall accept a notice ofappeal regardless of whether the filing fee has been paid. Failure to pay thefiling fee within a reasonable time may result in dismissal.
(g) Docketing of appeal. Upon the filing ofthe notice of appeal, the clerk of the trial court shall immediately transmit acertified copy of the notice of appeal, showing the date of its filing, and astatement by the clerk indicating whether the filing fee was paid and whetherthe cost bond required by Rule 6 was filed. Upon receipt of the copy of thenotice of appeal, the clerk of the appellate court shall enter the appeal uponthe docket. An appeal shall be docketed under the title given to the action inthe trial court, with the appellant identified as such, but if the title doesnot contain the name of the appellant, such name shall be added to the title.
Advisory Committee Notes
The designation of parties is changed to conform to thedesignation of parties in the federal appellate courts.
The rule is amended to make clear that the mere designation of anappeal as a "cross-appeal" does not eliminate liability for paymentof the filing and docketing fees. But for the order of filing, thecross-appellant would have been the appellant and so should be required to paythe established fees.