Rule 61-9. Decisions Subsequent to Filing of Appeal; Amended Appeals

If the trial court issues an additional decision after an appeal has been filed that the appellant wants to appeal, the appellant shall file an amended appeal within twenty days from the issuance of notice of the decision as provided for in Section 63-1. The amended appeal shall be filed in the pending appeal using form (JD-SC-033), along with a certification pursuant to Section 62-7. No additional fee is required to be paid upon the filing of an amended appeal. Within ten days of filing the amended appeal, the appellant shall file with the appellate clerk (1) a preliminary statement of issues (JD-SC-038) intended for presentation in the amended appeal,

(2) a certificate stating that no transcript is necessary (JD-SC-040) for the amended appeal or a transcript order confirmation from the official court reporter pursuant to Section 63-8, and, if applicable, (3) a preargument conference statement. Amendments to the designation of the proposed contents of the clerk appendix and docketing statement are permitted for an amended appeal but not required. Any other party may file responsive papers in accordance with the provisions of Section 63-4 (a). If the original appeal is dismissed for lack of jurisdiction, any amended appeal shall remain pending if it was filed from a judgment or order from which an original appeal properly could have been filed. If an amended appeal is filed after the filing of the appellant's brief but before the filing of the appellee's brief, the appellant may move for leave to file a supplemental brief. If an amended appeal is filed after the filing of the appellee's brief, either party may move for such leave. In any event, the court may order that an amended appeal be briefed or heard separately from the original appeal. Once an appeal is ready pursuant to Section 69-2, absent permission of the court to file an amended appeal, any appeal from a subsequent decision in the trial court shall be filed as a new appeal in accordance with the provisions of Section 63-3. After disposition of an appeal where no amended appeals related to that appeal are pending, a subsequent appeal shall be filed as a new appeal. If the appellant files a subsequent appeal from a trial court decision in a case where there is a pending appeal, the subsequent appeal may be treated as an amended appeal, and, if it is treated as an amended appeal, there will be no refund of the fees paid.

Committee Notes

(P.B. 1978-1997, Sec. 4006.) (Amended July 30, 2009, to take effect Jan. 1, 2010; amended July 11, 2012, to take effect Jan. 1, 2013; amended June 5, 2013, to take effect July 1, 2013; amended April 30, 2014, to take effect Aug. 1, 2014; amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended July 23, 2020, to take effect Jan. 1, 2021; amended July 19, 2022, to take effect Jan. 1, 2023; amended July 23, 2024, to take effect Jan. 1, 2025.) TECHNICAL CHANGE: In the second paragraph, the con- vention for the form number was updated for consistency purposes.