Rule3. Appeal as of right?how taken.
(a) Filing the notice of appeal.
(1) Except as otherwise provided bylaw, a party may appeal a final order or judgment from a district or juvenilecourt to the appellate court by filing a notice of appeal with the trial courtclerk within the time allowed by Rule 4.
(2) An appellant?s failure to takeany step other than timely filing a notice of appeal does not affect thevalidity of the appeal, but is ground only for the appellate court to act as itconsiders appropriate, including dismissing the appeal or other sanctions shortof dismissal, and awarding attorney fees.
(b) Joint or consolidated appeals. If twoor more 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 party after filingseparate timely notices of appeal. Joint appeals may proceed as a single appealwith a single appellant. Individual appeals may be consolidated by order of theappellate court upon its own motion or upon motion of a party, or bystipulation of the parties to the separate appeals.
(c) Party Designation. The party taking theappeal is known as the appellant and the adverse party as the appellee. Unlessotherwise directed by the appellate court, the appeal will not change the titleof the action or proceeding. For original proceedings in the appellate court,the party making the original application is known as the petitioner and anyother party as the respondent.
(d) Notice of appeal contents. The noticeof appeal must:
(1) specify the party or partiestaking the appeal;
(2) designate the judgment, order, orpart thereof being appealed;
(3) name the court from which theappeal is taken; and
(4) name the court to which theappeal is taken.
(e) Serving the notice of appeal. The appellantmust serve the notice of appeal on each party to the judgment or order inaccordance with the requirements of the court from which the appeal is taken.If counsel of record is served, the certificate of service must include thename of the party represented by that counsel.
(f) Filing fee in civil appeals. When filingany notice of separate, joint, or cross appeal in a civil case, the partytaking the appeal or cross appeal must pay the filing fee established by law tothe trial court clerk. The trial court clerk must accept a notice of appealregardless of whether the filing fee has been paid. Failure to pay the filingfee within a reasonable time may result in dismissal.
(g) Docketing of appeal.
(1) Transmitting notice of appeal to the appellate court. After an appellant?files the notice of appeal, the trialcourt clerk must immediately email a copy of the notice of appeal to theappellate court clerk. The email will include:
(A) the date thenotice of appeal was filed, and
(B) the clerk?s statement declaring whetherthe filing fee was paid and whether the cost bond required by Rule 6 was filed.
(2) Docketing the appeal. Upon receiving the copy of the notice ofappeal from the trial court clerk, the appellate court clerk will enter theappeal on the docket. An appeal will be docketed under the title given to theaction in the trial court, with the appellant identified as such, but if thetitle does not contain the name of the appellant, such name will be added tothe title.
Effective November 1, 2020