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Clerk Handbooks
Supreme Court Rules



Section/Rule:
30.16

Subject:
Rule 30 - Rules of Criminal Procedure - Appellate Procedure in All Criminal Cases A. Criminal Proceedings Pending Before a Circuit Judge
Publication / Adopted Date:
June 13, 1979

Topic:
Release Pending Appeal
Revised / Effective Date:
September 1, 1994

30.16. Release Pending Appeal

If a convicted defendant is entitled to a conditional release pending an appeal, the conditions shall be determined by the trial court pursuant to Rule 33. A condition shall be that the defendant will render himself or herself in execution and will obey every order and judgment of the appellate court or every order and judgment of the trial court entered at the direction of the appellate court.

As a part of the application for conditional release, the convicted defendant shall file in the circuit clerk's office a signed and acknowledged application in which shall be specified the post office address to which all notices in connection with the case thereafter may be mailed. Proof of mailing notice by certified or registered mail to defendant at that address shall constitute sufficient notice to defendant in all cases where notice is required under these rules.

If a defendant is conditionally released pending appeal, the circuit court shall so notify the clerk of the appellate court to which the appeal is taken and shall furnish a copy of the document wherein defendant has specified the post office address to which all notices are to be sent.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Jan. 25, 1994, eff. Sept. 1, 1994.)

Committee note - 1980