Close Close

Clerk Handbooks
Supreme Court Rules



Section/Rule:
30.03

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:
Notice of Appeal Filed Out of Time - Special Order of Appellate Court
Revised / Effective Date:
January 1, 1980

30.03. Notice of Appeal Filed Out of Time - Special Order of Appellate Court

Where the defendant or the state has the right of appeal including appeals from an order in a post-conviction proceeding involving a prior felony conviction, but notice of appeal is not filed with the clerk of the trial court within ten days after the judgment becomes final, the defendant or the state may file a notice of appeal in the trial court if, within twelve months after the judgment becomes final, a motion for leave to file such notice is filed in the appropriate appellate court and it thereafter sustains the motion and grants such leave.

Such special order may be made by the appellate court, in its discretion, for good cause shown. The order shall specify the time within which the notice of appeal is to be filed in the trial court.

(Adopted June 13, 1979, eff. Jan. 1, 1980.)

COMMITTEE NOTE - 1980