Appeal: How Taken: Form

(a)An appeal from the Superior Court shall be taken by filing a notice of appeal with the clerk of the Superior Court within the time allowed by § 130.40. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the appellate court deems appropriate, which may include dismissal of the appeal.

(b)If two or more persons are entitled to appeal from a judgment or order of the superior court and their interests are such as to make joinder practicable, they may file a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the appellate court upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals.

(c)The notice of appeal shall specify the party or parties taking the appeal and shall designate the judgment, order or part thereof appealed from.

(d)The clerk of the superior court shall serve notice of the filing of a notice of appeal by mailing a copy thereof to counsel of record of each party other than the appellant, or, if a party is not represented by counsel, to the party at his last known address; the clerk shall also mail a copy of the notice of appeal and of the docket entries to the clerk of the appellate court. When an appeal is taken by a defendant, the clerk shall also serve a copy of the notice of appeal upon him, either by personal service or by mail addressed to him. The clerk shall note on each copy served the date on which the notice of appeal was filed. Failure of the clerk to serve notice shall not affect the validity of the appeal. The clerk shall note in the docket the names of the parties to whom he mails copies, with the date of mailing.