Title 7 — Judiciary and Civil Procedure

A judgment, order, or decree in a civil action, except when expressly made final by this Title, may be reviewed as prescribed in this Chapter. SOURCE: CCP § 936. NOTE: See Corn v. Guam Coral, (1963) 318 F.2d 622; Bank of America v. Webster, 439 F.2d 691 (1971); People v. Olsen, 4…

An appeal in a civil action or proceeding may be taken from the Superior Court in the following cases: (a) From a judgment, except (1) an interlocutory judgment other than as provided in subdivisions (h), (i) and (j); [and] (2) a judgment of contempt which is made final and concl…

by the Judge. An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made. SOURCE: CCP § 937.

Any party aggrieved may appeal in the cases prescribed in this Chapter. The party appealing is known as the appellant, and the adverse party as the respondent. SOURCE: CCP § 938. NOTE: CCP § 939, Time when appeal may be taken, was repealed by P.L. 13-156:1. In its place, P.L. 13-…

In the event of the death of any person having at his death a right of appeal, the attorney of record representing the decedent in the court in which the judgment was rendered may appeal therefrom at any time before the appointment of an executor or an administrator of the estate…

If the appellant appeals on trivial and frivolous grounds, or if he appeals on the grounds of newly discovered evidence and is unable to present it upon the hearing, the appeal may be dismissed. SOURCE: CCP § 944.

The dismissal of an appeal is in effect an affirmance of the judgment or order appealed from, unless the dismissal is expressly made without prejudice to another appeal. SOURCE: CCP § 945. NOTE: The CCP contained no § 946 or § 947.

Any order or judgment issued by the Supreme Court in a case reviewed by it, on appeal or otherwise may be certified to the Superior Court to be attached to the record of the case, and the Superior Court shall give immediate effect to such order or judgment, certified to it. SOURC…

When the judgment or order is reversed or modified, the Supreme Court may make complete restitution of all property and rights lost by the erroneous judgment or order, so far as such restitution is consistent with protection of a purchaser of property at a sale ordered by the jud…

An appeal to the Supreme Court may be taken from the Superior Court in any case in which the Supreme Court has jurisdiction as set forth in § 2202 of this Title. SOURCE: CCP § 963 amended by P.L. 9-256 and P.L. 12-85. Because of the Olsen case, references here must necessarily re…

When an executor, administrator, or guardian, who has given an official bond, appeals from a judgment or order of the Superior Court made in the proceedings had upon the estate of which he is executor, administrator, or guardian, his official bond shall stand in the place of an u…

When the judgment or order appointing an executor or administrator or guardian is reversed on appeal, for error, and not for want of jurisdiction of the court, all lawful acts in administration upon the estate performed by such executor or administrator or guardian, if he had qua…

An appeal from the Superior Court is taken and perfected by filing with the clerk of the court a written notice stating the appeal from the judgment, order, or decree, or some specific part thereof, within the time limit prescribed by Rule 2 of the Appellate Rules of Court, and b…