RULES GOVERNING THE SUPERIOR COURT OF THE VIRGIN ISLANDS Rule 322. Appeal in Original Jurisdiction Cases

• Jurisdiction: United States

Rule 322. Appeal in Original Jurisdiction Cases

(a) Appealable Decisions. Final orders or judgments of the Magistrate Division resolving completely the merits of cases which came before them pursuant to their original jurisdiction, as provided by 4 V.I.C. § 123(a), are immediately appealable to judges of the Superior Court of the Virgin Islands, as well as any interlocutory orders appealable by law.

(b) Initiating Appeal; Record on Appeal.

(1) Time. Appeal from a magistrate judge's decision may be obtained by filing a notice of appeal with the Clerk of the Superior Court within fourteen (14) days of entry of the judgment or order from which appeal is sought. A notice of appeal filed after the announcement of a judgment or order—but before entry of the judgment or order—is treated as filed on the date of and after the entry of judgment.
(2) Contents. The notice of appeal shall identify the party initiating the appeal, designate the decision or order appealed from, and contain a concise position statement of no more than 780 words in length (or three pages for self-represented parties) which sets forth the issues the party wishes to present for appeal, together with a brief argument in support of the party's position. The notice must include a certificate evidencing service on all other parties to the Magistrate Division proceeding.
(3) Docketing. Upon receipt of a notice of appeal, the Clerk of the Superior Court shall place it upon the docket and assign it a RV case number and shall provide notice of the docketing to all parties to the Magistrate Division proceeding.
(4) Filing Fee. The party filing a notice of appeal must pay a filing fee in an amount prescribed by the Clerk of the Superior Court, or move to proceed in forma pauperis, no later than fourteen days from the date of filing the notice. The clerk or the judge shall dismiss the appeal if the party fails to comply with this requirement and no extension of time has been granted.
(5) Response. Within fourteen days of filing and service of the notice of appeal, any other party to the Magistrate Division proceeding may, but is not required, to file a response to the notice of appeal. The response may contain a concise position statement of no more than 780 words in length (or three pages for self-represented parties), which responds to the position statement in the notice of appeal, which may include designating additional issues for review.
(6) Record.

(i) The original case file, including all

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