Rule 3.  Appeal as of Right-How Taken

(a)  In General.  Whenever a judgment of a superior court or of the District Court is by law reviewable as of right in the Supreme Court, such review shall be by appeal in accordance with these rules. Review by bill of exceptions, writ of error, or otherwise than by appeal, is abolished. An appeal from a judgment preserves for review any claim of error in the record, including any claim of error in any of the orders specified in the second paragraph of Rule 4. An appeal shall not be dismissed because it is designated as being taken from such an order, but shall be treated as an appeal from the judgment. 

(b)  Filing the Notice of Appeal.

(1) In General.  Except as provided in paragraph (2) of this subdivision, an appeal permitted by law as of right shall be taken by filing a notice of appeal with the clerk of the superior or District Court and paying to the clerk any entry fee required under 32 V.S.A. § 1431 within the time allowed by Rule 4. The notice shall be served by appellant upon the clerk of the Supreme Court and upon counsel of record of each of the other parties to the appeal, or, if a party is not represented by counsel, upon the party. Service shall be sufficient, notwithstanding the death of a party or a party's counsel. Failure of an appellant to take any step other than the timely filing of a notice of appeal with the clerk of the superior or District Court does not affect the validity of the appeal, but is ground only for such action as the Supreme Court deems appropriate, which may include dismissal of the appeal. 

(2) Sentence of Life Imprisonment.  In any criminal case resulting in a sentence of life imprisonment, no notice of appeal shall be necessary. The date of entry of judgment shall be treated as the date of filing of notice of appeal for all purposes under these rules. Unless the defendant with the advice of counsel has waived appeal on the record in open court, the judge shall direct the clerk of the superior or District Court to mail a copy of the notice of entry of judgment required by Rule 56(d) of the Vermont Rules of Criminal Procedure, and a copy of the docket entries, to the clerk of the Supreme Court. The appeal shall be docketed in the Supreme Court and the record and transcript shall be prepared and transmitted as provided in these rules for appeals in other criminal cases. The Supreme Court shall in each such case review the record in the interests of justice and pass upon any claim of error therein as if a notice of appeal had been filed. 

(c)  Joint or Consolidated Appeals.  If two or more persons are entitled to appeal from a judgment or order of a superior court or the District Court and their interests are such as to make joinder practicable, they may file a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the Supreme Court upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals.

(d)  Content of Notice of Appeal.  A notice of appeal must specify the party or parties taking the appeal by naming each appellant in either the caption or the body of the notice of appeal.  An attorney representing more than one party may fulfill this requirement by describing those parties with such terms as "all plaintiffs," "the defendants," "the plaintiffs A, B, et al.," or "all defendants except X."  A notice of appeal filed pro se is filed on behalf of the party signing the notice and the signer's spouse and minor children, if they are parties, unless the notice of appeal clearly indicates a contrary intent.  In a class action, whether or not the class has been certified, it is sufficient for the notice to name one person qualified to bring the appeal as representative of the class. A notice of appeal must also designate the judgment, order, or part thereof appealed from; must name the court to which the appeal is taken; and must be signed by the appellant or the appellant's attorney. A notice of appeal from an order in proceedings under Chapter 55 of Title 33 other than delinquency proceedings must indicate that the appeal is from such an order. An appeal will not be dismissed for informality of form or title of the notice of appeal, or for failure to name a party whose intent to appeal is otherwise clear from the notice.     
 

(e)  Docketing Statements.  After the taking of an appeal the parties shall each file with the Clerk of the Supreme Court a docketing statement on a form prescribed by the Clerk. Appellant's docketing statement shall be filed and served within ten days of the taking of the appeal, and appellee's docketing statement shall be filed and served within ten days thereafter.
 
See Supreme Court Docketing Statement (PDF)

Amended March 2, 1973, eff. Oct. 1, 1973; Supreme Court order April 9, 1974; Jan. 14, 1986, eff. March 1, 1986; Nov. 25, 1986, eff. March 1, 1987; Aug. 7, 1990, eff. Oct. 15, 1990; Feb. 22, 1996, eff. July 1, 1996; April 30, 1999, eff. July 1, 1999; July 6, 1999, eff. Oct. 1, 1999; Oct. 19, 1999, eff. Dec. 31, 1999.

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