RULE 9.3
PROSECUTION OF APPEAL
(a) Scope of Rule. This rule applies only to proceedings which are not
subject to appellate review under the Rules for Appeal of Decisions of
Courts of Limited Jurisdiction. The proceedings to which those rules apply
are defined by RALJ 1.1.
(b) Failure To Certify Transcript. If the lower court fails, neglects
or refuses to make and certify the transcript within the time allowed, the
appellant may make application to the superior court not later than 21 days
after the filing of the notice of appeal and the superior court shall issue
an order to make and certify the transcript.
(c) Dismissal for Want of Prosecution. Upon dismissal of the appeal for
failure of appellant to proceed diligently with the appeal as required, or
for any other cause, the judgment of the lower court shall be enforced by
the judge thereof. If, at the time of such dismissal, cash deposit or
appeal bond as required has been furnished and is in the custody of the
superior court, the same shall be returned to the lower court. The lower
court shall have power to forfeit the cash bail or appeal bond and issue
execution thereon for breach of any condition under which it is furnished.
(d) Dismissal on Clerks Motion. In all appeals from courts of limited
jurisdiction wherein there has been no action of record during the 90 days
just past, the clerk of the superior court shall mail notice to the
appellant and the lawyers at the addresses contained in the notice of
appeal that such appeal will be dismissed by the court for want of
prosecution unless, within 30 days following such mailing, an application
in writing is made to the court and good cause shown why it should be
continued as a pending case. If the appeal is dismissed, the clerk of the
court will proceed as in section (c).
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