Rules of Appellate Procedure

Appellate procedure is the body of law that sets out the rules and standards that courts follow when adjudicating a request to change an official decision of a trial or administrative court. These rules govern how an appeal may be commenced, what kind of notice (if any) is required, the types of briefs, pleadings or statements of case, motions, and orders allowed in appeals, the timing and manner of the appeal, the conduct of appellate hearings, the process for decisions, various available remedies, and how the courts and clerks must function.

The rules which control the nature and conduct of a legal appeal, which may be:

• door closing

e.g., "the notice of appeal shall be filed with the clerk of the lower court within thirty days of the date of the entry of the judgment appealed from"

• discretionary

e.g., "upon a showing of excusable neglect, the lower court may extend the time for filing the notice of appeal for a period not to exceed thirty days"

• technical

e.g., "the composition of the record on appeal shall include the original papers and exhibits on file, the transcript of proceedings, and a certified copy of the docket entries..."

• process oriented

e.g., requirements for giving copies of all papers filed to all other parties

• economic

e.g., filing fees, assessments of legal costs, etc.

• punitive

e.g., penalties for infractions such as frivolous appeals

• informative

e.g., the duties of the clerk's office.