Rule 60-4. Definitions

''Administrative appeal'' shall mean an appeal from a judgment of the Superior Court concerning the appeal to that court from a decision of any officer, board, commission or agency of the state or of any political subdivision of the state. ''Appellant'' shall mean the party, or parties if an appeal is jointly filed, taking the appeal. ''Appellee'' shall mean all other parties in the trial court at the time of judgment, unless after judgment the matter was withdrawn as to them or unless a motion for permission not to participate in the appeal has been granted by the court. ''Certificate of interested entities or individuals'' is a certificate filed pursuant to court order by counsel of record for a party that is an entity as defined in this rule. The certificate shall list for that party: (1) any parent entities and (2) all entities or individuals owning or controlling an interest of 10 percent or more of that party. If there are no other interested entities or individuals, a certificate indicating that information is required. The certificate shall also state whether the party knows of any direct or indirect ownership, controlling or legal interest for that party that counsel of record thinks could reasonably require a judge to disqualify himself or herself under Rule 2.11 of the Code of Judicial Conduct. The court may order a party to supplement its certificate of interested entities or individuals to include any direct or indirect ownership or controlling or legal interest for any parent entities or listed interested entities, and so on, until the certificate lists all of the parent entities, interested entities, and interested individuals for that party and its affiliates. Counsel of record has a continuing duty to amend the certificate of interested entities or individuals during the pendency of the appeal if any changes occur. ''Counsel of record'' shall include all attorneys and self-represented parties appearing in the trial court at the time of the initial appellate filing, unless an exception pursuant to Section 62-8 applies, all attorneys and self-represented parties who filed the appellate matter, and all attorneys and self-represented parties who file an appearance in the appellate matter. ''Entity'' means any corporation, limited liability company, partnership, limited liability partnership, trust, joint venture, firm or association that is not a governmental entity or its agencies. ''Filed'' shall mean the receipt by the appellate clerk of a paper or document by electronic submission pursuant to Section 60-7. If an exemption to electronic filing has been granted or if the electronic filing requirements do not apply, filed shall mean receipt of the paper or document by hand delivery, by first class mail or by express mail delivered by the United States Postal Service or an equivalent commercial service. If a document must be filed by a certain date under these rules or under any statutory provision, the document must be received by the appellate clerk by the close of business on that date; it is not sufficient that a document be mailed by that date to the appellate clerk unless a rule or statutory provision expressly so computes the time. ''Issues'' shall include claims of error, certified questions and questions reserved. ''Motion'' shall include applications and petitions, other than petitions for certification.

A preappeal motion is one that is filed prior to or independent of an appeal. ''Paper'' and ''Document'' shall include an electronic submission that complies with the procedures and standards established by the chief clerk of the appellate system under the direction of the administrative judge of the appellate system and a paper or document created in or converted to a digital format by the Judicial Branch. ''Petition'' does not include petitions for certification unless the context clearly requires. ''Record'' shall include the case file, any decisions, documents, transcripts, recordings and exhibits from the proceedings below, and, in appeals from administrative agencies, the record returned to the trial court by the administrative agency. ''Requests'' shall include correspondence and notices as permitted by these rules. ''Submission'' shall mean a ''paper'' or a ''document'' and shall include an electronic submission that complies with the procedures and standards established by the chief clerk of the appellate system under the direction of the administrative judge of the appellate system. (For additional definitions, see Secs. 62-2 and 76-6.)

Committee Notes

(P.B. 1978-1997, Sec. 4001A.) (Amended June 5, 2013, amended June 27, 2023, to take effect Jan. 1, 2024; amended