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                                   RULE 5.3
                           CONTENT OF NOTICE--FILING


    (a) Content of Notice of Appeal. A notice of appeal must (1) be titled a
notice of appeal, (2) specify the party or parties seeking the review, (3)
designate the decision or part of decision which the party wants reviewed, and
(4) name the appellate court to which the review is taken.

    The party filing the notice of appeal should attach to the notice of appeal
a copy of the signed order or judgment from which the appeal is made, and, in a
criminal case in which two or more defendants were joined for trial by order of
the trial court, provide the names and superior court cause numbers of all codefendants.

    (b) Content of Notice for Discretionary Review. A notice for discretionary
review must comply in content and form with the requirements for a notice of
appeal, except that it should be titled a notice for discretionary review.

    A party seeking discretionary review of a decision of a court of limited
jurisdiction should include the name of the district or municipal court and the
cause number for which review is sought.

    (c) Identification of Parties, Counsel, and Address of Defendant in
Criminal Case. The party seeking review should include on the notice of appeal
the name and address of the attorney for each of the parties. In a criminal
case the attorney for the defendant should also notify the appellate court
clerk of the defendant's address, by placing this information on the notice.
The attorney for a defendant in a criminal case must also keep the appellate
court clerk advised of any changes in defendant's address during review.

    (d) Multiple Parties Filing Notice. More than one party may join in filing
a single notice of appeal or notice for discretionary review.

    (e) Notices Directed to More Than One Case. If cases have been consolidated
for trial, or have been tried together even though not consolidated for trial,
separate notices for each case or a single notice for more than one case may be
filed. A single notice for more than one case will be given the same effect as
if a separate notice had been filed for each case. If cases have not been
consolidated for trial or have not been tried together, separate notices must be filed.

    (f) Defects in Form of Notice. The appellate court will disregard defects
in the form of a notice of appeal or a notice for discretionary review if the
notice clearly reflects an intent by a party to seek review.

    (g) Notices Directed to More Than One Court. If a notice of appeal or a
notice for discretionary review is filed which is directed to the Court of
Appeals and a notice is filed in the same case which is directed to the Supreme
Court, the case will be treated as if all notices were directed to the Supreme Court.

    (h) Amendment of Notice Directed to Portion of Decision. The appellate
court may, on its own initiative or on the motion of a party, permit an
amendment of a notice to include additional parts of a decision in order to do
justice. On discretionary review, the appellate court may, on its own
initiative or on the motion of a party, permit an amendment of a notice to
include acts of the trial court that are subsequent to the act for which
discretionary review was first sought if the subsequent acts relate to the
subject of the first review. If the amendment is permitted, the record should
be supplemented as provided in rule 9.10. The appellate court may condition the
amendment on appropriate terms, including payment of a compensatory award under rule 18.9.

    (i) Notice by Fewer Than All Parties on a Side--Joinder. If there are
multiple parties on a side of a case and fewer than all of the parties on that
side of the case timely file a notice of appeal or notice for discretionary
review, the appellate court will grant relief only (1) to a party who has
timely filed a notice, (2) to a party who has been joined as provided in this
section or (3) to a party if demanded by the necessities of the case. The
appellate court will permit the joinder on review of a party who did not give
notice only if the party's rights or duties are derived through the rights or
duties of a party who timely filed a notice or if the party's rights or duties
are dependent upon the appellate court determination of the rights or duties of
a party who timely filed a notice.

    (j) Assistance to Defendant in Criminal Case or Party Entitled to Review at
Public Expense. Trial counsel for a defendant in a criminal case or party
entitled to review at public expense is responsible for filing any appropriate
notice of appeal, notice for discretionary review, and motion for order of
indigency under rule 15.2.  If such a defendant or party is not represented by
counsel at trial, the trial court clerk shall, if requested by a defendant or
party in open court or in writing, supply a notice of appeal form, a notice for
discretionary review form, or a form for a motion for order of indigency, and
file the forms upon completion by the defendant or party.


                                  References

    Form 1, Notice of Appeal; Form 2, Notice for Discretionary Review; Rule
3.3, Consolidation of Cases; Rule 4.2, Direct Review of Trial Court Decision by
Supreme Court.


[Amended effective September 1, 2010]
	

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