VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 4. Appeal as of Right—How Taken

• Jurisdiction: United States

Rule 4. Appeal as of Right—How Taken

(a) Filing the Notice of Appeal. An appeal permitted by law as of right from the Superior Court to the Supreme Court shall be taken by conventionally or electronically filing a notice of appeal with the Clerk of the Supreme Court in accordance with Rule 40, within the time allowed by Rule 5. 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 Supreme Court deems appropriate, which may include dismissal of the appeal.

(b) Joint or Consolidated Appeals. If two or more persons are entitled to appeal from a judgment or order of the Superior Court and their interests are such that joinder is practicable, they may file a joint notice of appeal, or may join in an 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 Supreme Court upon its own motion, upon motion of a party, or upon stipulation of the parties to the several appeals. When parties have filed a joint notice of appeal, only one appeal will be docketed and only one docketing fee paid. Parties filing a joint notice of appeal shall file a single consolidated brief and appendix. When the parties have filed separate notices of appeal, each party shall pay a separate docket fee, but the appeals may be joined or consolidated by the Supreme Court.

(c) Content of the Notice of Appeal. The notice of appeal shall specify the party or parties taking the appeal and, even if the notice is electronically filed, it shall contain their physical addresses and telephone numbers; shall designate the judgment, order, or part thereof appealed from and the reason(s) or issue(s) to be presented on appeal. An appeal shall not be dismissed solely for defects of form or title of the notice of appeal, or for failure to name a party whose intent to appeal is otherwise clear from the notice, but any omission of matters of substance may be grounds for sanctions.

(d) Service of the Notice of Appeal. Appellant shall conventionally serve notice of the filing of a notice of appeal in accordance with Rule 15 on counsel of record for each party other than the appellant, or, if a party is not represented by counsel, by conventional service to the last known address of that party; appellant shall file a certificate of service with the notice of appeal. Conventional...