VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 5. Appeal as of Right—When Taken

• Jurisdiction: United States

Rule 5. Appeal as of Right—When Taken

(a) Appeals in Civil Cases.

(1) In a civil case in which an appeal is permitted by law as of right from the Superior Court to the Supreme Court, the notice of appeal required by Rule 4 shall be filed with the Clerk of the Supreme Court within 30 days after the date of entry of the judgment or order appealed from; but if the Government of the Virgin Islands or the United States of America or an officer or agency thereof is a party, the notice of appeal may be filed by any party within 60 days after such entry. 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) To be appealable as of right, an order of the Superior Court must either be a final order, or must fall within one or more of the categories of interlocutory orders for which a right of appeal is specified in 4 V.I.C. Sections 33(b) and (c).
(3) If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date on which the first notice of appeal was filed, or within the time otherwise prescribed by statute or by this Rule, whichever period last expires.
(4) If any party timely files in the Superior Court a motion for judgment as a matter of law; to amend findings or make additional findings; for a new trial; to alter or amend the judgment or order; or (if filed within 28 days) for relief from the judgment or order, the time for filing the notice of appeal for all parties is extended until 30 days after entry of an order disposing of the last such motion; provided, however, that the failure to dispose of any motion by order entered upon the record within 120 days after the date the motion was filed shall constitute a denial of the motion for purposes of appeal.
A notice of appeal filed after announcement or entry of the judgment but before disposition of any of the above motions is ineffective to appeal from the judgment or order, or part thereof, specified in the notice of appeal, until the date of the entry of the order disposing of the last such motion outstanding or 120 days after the date the last such motion was filed. Appellate review of an order disposing of any of the above motions requires the party, in compliance with Rule 4(c), to amend a previously filed notice of appeal. A party intending to challenge an alteration or amendment of the judgment shall file with the Clerk of the Supreme Court a notice or an amended notice of appeal within the time prescribed by this Rule 5, measured from the entry of the order disposing of the last such motion outstanding. No additional fees will be required for filing an amended notice. A motion for attorney's fees shall not affect the running of the time for appeal.
(5) The Superior Court shall have authority to consider and deny any motion for relief from a judgment or order that is filed more than 28 days after the final judgment or order is entered. If the Superior Court would otherwise be disposed to grant such a motion, it shall so notify the Supreme Court and request that the entire matter be remanded to the Superior Court for further action. The Supreme Court may grant such request in its discretion, taking into consideration the interests of judicial efficiency and the possibility of abuse. The Superior Court shall, if a notice of appeal has been filed, have no authority to grant motions specified in Rule 5(a)(4) that have either been untimely filed or have been deemed denied due to the expiration of the 120-day period provided, but may notify

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