Supreme Court Rules

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

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.

Committee Note – 1980

This is substantially the same as prior Rule 28.07.


(Adopted June 13, 1979, effective January 1, 1980.)
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