Title 35, Appeal And Error

PART I. APPEALS IN CIVIL ACTIONS AND PROCEEDINGS §641-1 Appeals as of right or interlocutory, civil matters. (a) Appeals shall be allowed in civil matters from all final judgments, orders, or decrees of circuit and district courts and the land court to the intermediate appellate …

PART II. APPEALS IN CRIMINAL PROCEEDINGS §641-11 From circuit courts. Any party aggrieved by the judgment of a circuit court in a criminal matter may appeal to the intermediate appellate court, subject to chapter 602, in the manner and within the time provided by the rules of cou…

§641-12 From district courts. [(a)] Appeals upon the record shall be allowed from all final decisions and final judgments of district courts in all criminal matters. Such appeals may be made to the intermediate appellate court, subject to chapter 602, whenever the party appealing…

§641-13 By State in criminal cases. An appeal may be taken by and on behalf of the State from the district or circuit courts to the intermediate appellate court, subject to chapter 602, in all criminal matters, in the following instances: (1) From an order or judgment quashing, s…

§641-14 Stay in criminal cases. (a) The filing of a notice of appeal or the giving of oral notice in open court at the time of sentence by the defendant or the defendant's counsel of intention to take an appeal may operate as a stay of execution and may suspend the operation of a…

[§641-15] Service. Service of a copy of the notice of appeal shall be made upon the adverse party or the adverse party's attorney of record as provided by the rules of court. [L 1892, c 95, pt of §8; am L 1919, c 44, §7; RL 1925, §2530; RL 1935, §3557; RL 1945, §9558; RL 1955, §2…

§641-16 Judgment; no reversal when. [(a)] The supreme court, or the intermediate appellate court, as the case may be, may affirm, reverse, or modify the order, judgment, or sentence of the trial court in a criminal matter. It may enter such order, judgment, or sentence, or may re…

§641-17 Interlocutory appeals from circuit courts, criminal matters. Upon application made within the time provided by the rules of court, an appeal in a criminal matter may be allowed to a defendant from the circuit court to the intermediate appellate court, subject to chapter 6…

[§641-18] Time for appeal in case of suspended sentence. Whenever in any criminal cause an order suspending the imposition or execution of the sentence is entered by a district or circuit court, the order shall for the purposes of appeal be deemed a final judgment and the time wi…

§641-2 Review on and disposition of appeal. [(a)] In case of appeal from a judgment, order, or decree of a circuit or district court or the land court, in a civil matter, the appellate court shall have power to review, reverse, affirm, amend, or modify such judgment, order, or de…

[§641-3] Stay of proceedings to enforce a judgment. (a) This section applies to civil cases in which the rules of court as to stay of proceedings to enforce a judgment do not apply, unless otherwise provided by statute. (b) No execution shall issue upon a judgment nor shall proce…

PART III. GENERAL PROVISIONS [§641-31] Bonds, costs, failure to file or pay, defects. Failure of an appellant to file a bond or to pay costs, or informality or insufficiency of a bond or payment of costs, does not affect the validity of the appeal, but is ground only for such rem…

[§641-32] Liability on bond, how enforced. [(a)] By entering into a bond for costs or to stay the execution of any proceedings to enforce a judgment, the surety submits oneself to the jurisdiction of the court, irrevocably appoints the clerk of the court as the surety's agent upo…