Appeal—How Taken

(a) Filing the Notice of Appeal. (1) An appeal permitted by law from a justice court civil action may be taken only by filing a notice of appeal with the justice court clerk within the time allowed by Rule 72B, unless a different period is specified by statute. (2) An appellant’s failure to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is grounds only for the district court to act as it deems appropriate, including dismissing the appeal. (3) Deficient Notice of Appeal. The justice court clerk must file appellant’s notice of appeal despite perceived deficiencies in the notice, including the failure to pay the justice court or district court filing fee. The justice court must apprise appellant of the deficiencies in writing and must send the notice of appeal to the district court in accordance with subsection (f) with a notation to the district court clerk setting forth the deficiencies. (b) Joint or Consolidated Appeals. (1) When two or more parties are entitled to appeal from a justice court judgment or order, and their interests make joinder practicable, they may file a joint notice of appeal. They may then proceed on appeal as a single appellant. (2) When the parties have filed separate timely notices of appeal, the appeals may be joined or consolidated by the court upon its own motion or upon motion of a party. (c) Contents of the Notice of Appeal. (1) The notice of appeal must: (A) specify the party or parties taking the appeal by naming each one in the caption or body of the notice, but an attorney representing more than one party may describe those parties with such terms as “all plaintiffs,” “the defendants,” “the plaintiffs A, B, et al.,” or “all defendants except X”; (B) designate the judgment, order, or part thereof being appealed; and (C) name the court to which the appeal is taken. (2) In a class action, whether or not the class has been certified, the notice of appeal is sufficient if it names one person qualified to bring the appeal as representative of the class. (d) Serving the Notice of Appeal. The appellant must serve the notice of appeal on all parties to the action in the justice court. Service on a party represented by counsel must be made on counsel. If a party is not represented by counsel, appellant must serve the notice of appeal on the party at the party’s last-known address. The appellant must note, on each copy, the date when the notice of appeal was filed. The notice of appeal filed with the justice court clerk must contain an acknowledgment of service or proof of service that conforms to the requirements of Rule 5. (e) Payment of Fees. Except where provided by statute, upon filing a notice of appeal, the appellant must pay to the justice court clerk the filing fee and any additional fees charged by the justice court. (f) Forwarding Appeal Documents to District Court. (1) Justice Court Clerk’s Duty to Forward. (A) Upon the filing of the notice of appeal, the justice court clerk must, within 7 calendar days, forward to the clerk of the district court the required filing fee and file-stamped copies of the following documents: (i) the notice of appeal; (ii) the justice court docket entries; (iii) the civil case cover sheet, if any; (iv) the judgment(s) or order(s) being appealed; (v) any notice of entry of the judgment(s) or order(s) being appealed; (vi) any certification order directing entry of judgment in accordance with Rule 54(b); (vii) the minutes of the justice court proceedings; and (viii) any exhibits offered into evidence. (B) If, at the time of filing of the notice of appeal, any of the documents listed in Rule 72(f)(1)(A) have not been filed in the justice court, the justice court clerk must nonetheless forward the notice of appeal together with all documents then on file with the clerk. (C) The justice court clerk must promptly forward any later docket entries to the clerk of the district court. (2) Appellant’s Duty. An appellant must take all action necessary to enable the clerk to assemble and forward the documents enumerated in this subsection. [Amended; effective October 29, 2024.]