# D.C. App. R. 3: Rule 3. Appeal as of Right — How taken

> District of Columbia · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R3

## Section

- **Citation:** D.C. App. R. 3
- **Heading:** Rule 3. Appeal as of Right — How taken
- **Jurisdiction:** District of Columbia
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** District of Columbia Court Rules / District of Columbia Court of Appeals / Rules of the District of Columbia Court of Appeals / D.C. App. R. 3

## Text

(a) Filing the Notice of Appeal.
(1) An appeal permitted by law as of right from the Superior Court, including an expedited
appeal, may be taken only by filing a notice of appeal with the Clerk of the Superior Court within
the time allowed by Rule 4. Except as provided in Rule 4(d), filing will not be deemed timely
unless the notice is, in fact, received by the Superior Court Clerk within the prescribed time. If a
timely notice of appeal is filed by a party, any other party to the proceeding in the Superior Court
may file a notice of appeal within the time prescribed by Rule 4.
(2) An appellant’s failure to take any step other than the timely filing of a notice of appeal does
not affect the validity of the appeal, but is ground only for the Court of Appeals to act as it considers
appropriate, including dismissal of the appeal.
(3) An appeal from an order or judgment of a magistrate judge may be taken only after an
associate judge of the Superior Court has reviewed the order or judgment. See D.C. Code § 11-
1732(k) and Super. Ct. Civ. R. 73(c).
(b) Joint or Consolidated Appeals.
(1) When two or more parties are entitled to appeal from a judgment or order of the Superior
Court, and their interests make joinder practicable, they may file a joint notice of appeal. They
may then proceed on appeal as a single appellant.
(2) When the parties have filed separate timely notices of appeal, the appeals may be joined or
consolidated by the Court of Appeals, upon its own motion or upon motion of a party.
(3) When more than one appeal is docketed in the Court of Appeals from the same judgment or
order and a single record on appeal has been prepared in accordance with Superior Court rules, the
Clerk will maintain the record in the Clerk’s file bearing the lowest appeal number.
peal, the appeals may be joined or
consolidated by the Court of Appeals, upon its own motion or upon motion of a party.
(3) When more than one appeal is docketed in the Court of Appeals from the same judgment or
order and a single record on appeal has been prepared in accordance with Superior Court rules, the
Clerk will maintain the record in the Clerk’s file bearing the lowest appeal number.
(c) Contents of the Notice of Appeal.
(1) The notice of appeal must:
(A) specify the party or parties taking the appeal by naming each one in the caption or body of
the notice, but an attorney representing more than one party may describe those parties with such
terms as “all plaintiffs,” “the defendants,” “the plaintiffs A, B, et al.,” or “all defendants except
X”; and
(B) designate the judgment—or the appealable order—from which the appeal is taken.
(2) The notice of appeal must be signed by the individual appellant or by counsel for the
appellant. If the appellant is a corporation or other entity, the notice must be signed by counsel.
A notice of appeal not bearing the necessary signature will be stricken unless omission of the
signature is corrected promptly after being called to the attention of counsel or the party. A pro se
notice of appeal is considered filed on behalf of the signer and (if they are parties) the signer’s
spouse and minor children, unless the notice clearly indicates otherwise.
(3) In a class action, whether or not the class has been certified, the notice of appeal is sufficient
if it names one person qualified to bring the appeal as representative of the class.
(4) The notice of appeal encompasses all orders that for purposes of appeal merge into the
designated judgment or appealable order. It is not necessary to designate those orders in the notice
of appeal.
se.
(3) In a class action, whether or not the class has been certified, the notice of appeal is sufficient
if it names one person qualified to bring the appeal as representative of the class.
(4) The notice of appeal encompasses all orders that for purposes of appeal merge into the
designated judgment or appealable order. It is not necessary to designate those orders in the notice
of appeal.
(5) In a civil case, a notice of appeal encompasses the final judgment, whether or not that
judgment is set out in a separate document under Superior Court Rule of Civil Procedure 58, if the
notice designates:
(A) an order that adjudicates all remaining claims and the rights and liabilities of all remaining
claims and the rights and liabilities of all remaining parties; or
(B) an order described in Rule 4(a)(4)(A).
(6) An appellant may designate only part of a judgment or appealable order by expressly stating
that the notice of appeal is so limited. Without such an express statement, specific designations
do not limit the scope of the notice of appeal.
(7) An appeal may not be dismissed for informality of form or title of the notice of appeal, for
failure to name a party whose intent to appeal is otherwise clear from the notice, or for failure to
properly designate the judgment if the notice of appeal was filed after entry of the judgment and
designates an order that merged into that judgment.
(8) Parties are encouraged to use Form 1 in filing all but criminal appeals and Form 2 in criminal
appeals, though the use of a particular form is not required. An appeal may be dismissed if, after
notice, the party or parties taking the appeal fail to provide the information requested by Form 1
or Form 2.
ed after entry of the judgment and
designates an order that merged into that judgment.
(8) Parties are encouraged to use Form 1 in filing all but criminal appeals and Form 2 in criminal
appeals, though the use of a particular form is not required. An appeal may be dismissed if, after
notice, the party or parties taking the appeal fail to provide the information requested by Form 1
or Form 2.
(d) Serving the Notice of Appeal.
(1) The Clerk of the Superior Court must serve a copy of any notice of appeal on each party’s
counsel of record — excluding the appellant’s — or, if a party is proceeding pro se in accordance
with Superior Court rules. When a defendant in a criminal case appeals, the Clerk of the Superior
Court must also serve a copy of the notice of appeal on the defendant, either by personal service
or by mail or email addressed to the defendant at the defendant’s last known address. The Clerk
of the Superior Court must promptly send a copy of the notice of appeal and of the docket entries
to the Clerk of the Court of Appeals. The Clerk of the Superior Court must note on the copy the
date when the notice was filed.
(2) If an inmate confined in an institution files a notice of appeal in the manner provided by Rule
4(d), the Clerk of the Superior Court must also note the date when the Clerk docketed the notice.
(3) The failure of the Clerk of the Superior Court to serve notice does not affect the validity of
the appeal. That Clerk must transmit to the Clerk of the Court of Appeals the names of the parties
to whom copies have been sent and the date of sending. Service is sufficient despite the death of
a party or of the party’s counsel.
(e) Payment of Fees. Upon filing a notice of appeal, the appellant must pay the Clerk of the
Superior Court all required fees, unless granted a waiver of fees, costs, or security. See Rule 24.

## Nearby sections

- [D.C. App. R. 1 Rule 1. Title and Scope of Rules; Definitions](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R1.md)
- [D.C. App. R. 2 Rule 2. Seal](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R2.md)
- [D.C. App. R. 2.1 Rule 2.1. Suspension of Rules](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R2_1.md)
- [D.C. App. R. 3 Rule 3. Appeal as of Right — How taken](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R3.md)
- [D.C. App. R. 4 Rule 4. Appeal as of Right — When taken](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R4.md)
- [D.C. App. R. 5 Rule 5. Appeals by Permission Pursuant to D.C. Code § 11-721(d)](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R5.md)
- [D.C. App. R. 6 Rule 6. Appeals by Application Pursuant to D.C. Code § 11-721(c) and § 17-301](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R6.md)
- [D.C. App. R. 7 Rule 7. Bond for Costs on Appeal in a Civil Case](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R7.md)
- [D.C. App. R. 8 Rule 8. Stay or Injunction Pending Appeal](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R8.md)
- [D.C. App. R. 9 Rule 9. Release or Detention in a Criminal Case](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R9.md)
- [D.C. App. R. 10 Rule 10. The Record on Appeal](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R10.md)
- [D.C. App. R. 11 Rule 11. Transmission of the Record](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R11.md)
- [D.C. App. R. 12 Rule 12. Docketing the Appeal; Filing the Record; Sealing the Record](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R12.md)
- [D.C. App. R. 13 Rule 13. Dismissal of Appeal](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R3. Check the current official text before relying on it. Not legal advice.