Section 2.15 Late Notices of Appeal

• Library: App Ct Prac 2015 Supp

6. (§2.15) Late Notices of Appeal

Rule: The court of appeals may, in its discretion, permit a late filing of a notice of appeal, provided that the appellant seeks such relief within six months of the date the judgment becomes final for purposes of appeal.

Rule 81.07(a) permits the appellate court to authorize a late filing of a notice of appeal. The prerequisite is a written motion in the appellate court—with notice to adverse parties—which must be filed within six months of the “date of final judgment.” It appears that the “date of final judgment” means the date on which the judgment becomes final for...