Rule 10 - Notification to Superior Court; Payment of Appeal Fee; Transmission of the Record; Notice of Summary Transfer (Trial De Novo)(a) Notification to Superior Court. After the time for the filing of appellate memoranda has expired and the appeal and cross-appeal, where applicable, are otherwise perfected, the trial court shall send the notice of appeal and cross-appeal to the Superior Court within 30 calendar days. Upon receipt, the Superior Court shall notify the parties regarding payment of applicable appeal filing fees in the Superior Court.(b) Payment of Appeal Fee. The appeal fee shall be payable to the Superior Court within 30 calendar days of the notification to the appellant and/or cross-appellant. The notice shall advise the appellant and/or cross-appellant that the failure to pay the appeal fee will result in abandonment of the appeal, and a dismissal of the appeal or cross-appeal by the trial court.(c) Transmission of the Record. Upon payment of the appellant's and/or cross-appellant's appeal fee(s), the Superior Court shall notify the trial court. The record shall be transmitted to the Superior Court within 30 calendar days of the notification.(d) Dismissal Upon Nonpayment of Appeal Fee. Upon non-payment of an appellant's or cross-appellant's appeal fee, the appeal and/or cross-appeal shall be deemed abandoned, and the Superior Court shall so notify the trial court. The appeal and/or cross-appeal shall be dismissed by the trial court pursuant to rule 9(b) of these rules.(e) Notice of Summary Transmission (Trial de Novo). If a sufficient record of the hearing or trial on which the appeal or cross-appeal is based cannot be made available, except where a party who had an opportunity to request that a record be made and failed to do so, the trial court shall notify the parties and send a notice of summary transfer for trial de novo in Superior Court and a copy of the notice of appeal to the Superior Court for a trial de novo. No appellate memoranda shall be required. Upon receipt of the notice of summary transfer and notice of appeal, the Superior Court shall notify the parties with instructions as to payment of Superior Court filing fees and further proceedings. After payment of the Superior Court fees, the Superior Court shall notify the trial court in a request for transmittal of summary transfer case to Superior Court, that the record on appeal shall be transmitted.Sup. Ct. R. App. proc. Civi. 10
Added April 30, 2003, effective 6/1/2003 on an emergency basis.HISTORICAL NOTES
Former Rule 10, Bond for Costs on Appeal, was repealed by order dated April 30, 2003, effective June 1, 2003 on an emergency basis. For subject matter of former Rule 10, see Rule 6.