As amended through June 11, 2024
Rule 7.40 - DISMISSAL OF APPEAL FOR LACK OF AN UNDERTAKING FOR COSTS ON APPEAL(1) A motion to dismiss an appeal for lack of an undertaking for costs on appeal shall not be filed without at least seven days' notice to the appellant. Notice may be written or oral. The notice shall not be filed with the court.(2) A motion to dismiss an appeal for lack of an undertaking for costs on appeal shall state that the movant has given the notice required by subsection (1) of this rule or explain why it has not. If written notice was given, a copy of the notice shall be attached to the motion.(3) The filing of an undertaking in response to a motion to dismiss shall not, in and of itself, be a sufficient response to the motion. Appellant shall file an answer to the motion explaining whether there was good cause for the failure to comply with the notice or the statutory deadline for filing and shall append a copy of the undertaking filed in the trial court.(4) The movant may, but is not required to, assert that the movant has been prejudiced by appellant's failure to file timely an undertaking for costs on appeal. If, however, the motion is based on an assertion that appellant's failure to meet the statutory filing deadline should result in dismissal, even though appellant complied with a later filing deadline stated in the notice provided under subsection (1) of this rule, the movant must establish that substantial prejudice resulted from appellant's failure to meet the statutory filing deadline.