DISMISSAL OF THE APPEAL

(a) Voluntary Dismissal. (1) Criminal Appeals. Prior to the time stated in subdivision (b) of this Rule, a criminal defendant may dismiss his or her appeal by filing with the Clerk of the Law Court a written dismissal, personally signed by the defendant, 20 and the State may dismiss its appeal by filing a written dismissal signed by the attorney for the State. (2) Civil Appeals. (A) Appeals. On or before the date that the appellant’s brief is filed or is due to be filed, whichever is earlier, an appellant may dismiss the appellant’s appeal by filing with the Clerk of the Law Court a written dismissal signed by the appellant or the appellant’s attorney. After the date on which the appellant’s brief is filed or is due to be filed, an appeal may be dismissed only by stipulation pursuant to paragraph (a)(3) of this Rule. (B) Cross‐Appeals. On or before the date that a cross-appellant’s brief is filed or is due to be filed, whichever is earlier, a cross-appellant may dismiss the cross-appellant’s appeal by filing with the Clerk of the Law Court a written dismissal signed by the cross-appellant or the cross-appellant’s attorney. After the date on which the cross-appellant’s brief is filed or is due to be filed, a cross- appeal may be dismissed only by stipulation pursuant to paragraph (a)(3) of this Rule. (3) By Stipulation. Prior to the time stated in subdivision (b) of this Rule, a civil appeal may be dismissed by stipulation entered into by all of the parties and filed with the Clerk of the Law Court. (b) On or After Date for Consideration. On or after the date scheduled for oral argument or 42 days (6 weeks) after the date for filing the appellee’s brief in an appeal not scheduled for oral argument, an appeal may be dismissed voluntarily or by stipulation only with leave of the Law Court. (c) For Failure to Perfect Appeal. If an appellant or cross-appellant fails to comply with the provisions of these Rules within the times prescribed herein, the Law Court may, on motion of any other party or on its own initiative, dismiss the appeal for want of prosecution. (d) For Lack of Jurisdiction. Whenever it appears by suggestion of the parties or otherwise that the Law Court lacks jurisdiction of the subject matter, the Law Court shall dismiss the appeal. 21