Rule 4. Appeal as of Right — When taken

(a) Appeal in a Civil Case.

(1) Time for Filing a Notice of Appeal. The notice of appeal in a civil case must be filed with

the Clerk of the Superior Court within 30 days after entry of the judgment or order from which the

appeal is taken unless a different time is specified by these Rules or the provisions of the District

of Columbia Code. See, for example, D.C. Code § 17-307(b) (small claims). An appeal from an

order granting or denying an application for a writ of error coram nobis is an appeal in a civil case

for purposes of Rule 4(a).

(2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a decision

or order — but before the entry of the judgment or order — is treated as filed on the date of and

after the entry.

(3) Multiple Appeals. If one party files a timely notice of appeal, any other party to the

proceeding in the Superior Court may file a notice of appeal within 14 days after the date on which

the first notice of appeal was filed, or within the time otherwise prescribed by Rule 4(a)(1),

whichever period ends later.

(4) Effect of a Motion on a Notice of Appeal.

(A) If a party timely files in the Superior Court any of the following motions under the rules

of the Superior Court, the time to file an appeal runs for all parties from the entry of the order

disposing of the last such remaining motion:

(i) for judgment as a matter of law;

(ii) to amend or make additional factual findings, whether or not granting the motion would

alter the judgment;

(iii) to vacate, alter, or amend the order or judgment;

(iv) for a new trial; or

ns under the rules

of the Superior Court, the time to file an appeal runs for all parties from the entry of the order

disposing of the last such remaining motion:

(i) for judgment as a matter of law;

(ii) to amend or make additional factual findings, whether or not granting the motion would

alter the judgment;

(iii) to vacate, alter, or amend the order or judgment;

(iv) for a new trial; or

(v) for relief from a judgment or order if the motion is filed no later than 10 days (computed

using Superior Court Rule of Civil Procedure 6(a)) after the judgment is entered.

(B)(i) The time for filing a notice of appeal fixed by this section runs from the entry on the

Superior Court docket of an order fully disposing of any of the foregoing motions, except that if

any such order is conditioned on acceptance of a remittitur by any party, the time runs from the

date on which a judgment based on acceptance of the remittitur is entered. Any statement

accepting or rejecting a remittitur must be filed in the Superior Court and served on all other

parties.

(ii) If a party files a notice of appeal after the court announces or enters a judgment — but

before it disposes of any motion listed in Rule 4(a)(4)(A) — the notice becomes effective to appeal

a judgment or order, in whole or in part, when the order disposing of the last such remaining motion

is entered.

(iii) A party intending to challenge an order disposing of any motion listed in Rule 4(a)(4)(A),

or a judgment altered or amended upon such a motion, must file a notice of appeal — in compliance

with Rule 3(c) — within the time prescribed by this rule measured from the entry of the order

disposing of the last such remaining motion.

(5) Extension of Time.

(A) The Superior Court may extend the time for filing the notice of appeal if:

rder disposing of any motion listed in Rule 4(a)(4)(A),

or a judgment altered or amended upon such a motion, must file a notice of appeal — in compliance

with Rule 3(c) — within the time prescribed by this rule measured from the entry of the order

disposing of the last such remaining motion.

(5) Extension of Time.

(A) The Superior Court may extend the time for filing the notice of appeal if:

(i) a party files the notice of appeal no later than 30 days after the time prescribed by Rule

4(a) expires; and

(ii) that party shows excusable neglect or good cause.

(B) A request for extension of time made before the expiration of the time prescribed in Rule

4(a)(1) or (3) may be ex parte unless the court requires otherwise. If the request is made after the

expiration of the prescribed time, it must be by motion and provide such notice to the other parties

as the court deems appropriate.

(6) Entry Defined. A judgment or order is entered for purposes of this rule when it is entered in

compliance with the rules of the Superior Court. When a judgment or final order is signed or

decided outside the presence of the parties and counsel, such judgment or order will not be

considered as having been entered, for the purpose of calculating the time for filing a notice of

appeal, until the fifth day after the Clerk of the Superior Court has made an entry on the docket

reflecting service of notice by that Clerk.

(7) Reopening Time to Appeal

dgment or final order is signed or

decided outside the presence of the parties and counsel, such judgment or order will not be

considered as having been entered, for the purpose of calculating the time for filing a notice of

appeal, until the fifth day after the Clerk of the Superior Court has made an entry on the docket

reflecting service of notice by that Clerk.

(7) Reopening Time to Appeal. The Superior Court may reopen the time to file an appeal for a

period of 14 days after the date when its order to reopen is entered, but only if all the following

conditions are satisfied:

(A) the court finds that the moving party did not receive notice under Superior Court Rule of

Civil Procedure 77(d) of the entry of the judgment or order sought to be appealed within 21 days

after entry;

(B) the motion is filed within 180 days after the judgment or order is entered or within 14 days

after the moving party receives notice under Superior Court Rule of Civil Procedure 77(d) of the

entry, whichever is earlier; and

(C) the court finds that no party would be prejudiced.

(b) Appeal in a Criminal Case.

(1) Time for Filing a Notice of Appeal. A notice of appeal in a criminal case must be filed with

the Clerk of the Superior Court within 30 days after entry of the judgment or order from which the

appeal is taken, unless a different time is specified by the provisions of the District of Columbia

Code.

(2) Filing Before Entry of Judgment. A notice of appeal filed after the announcement of a

verdict, decision, sentence, or order — but before the entry of the judgment or order — is treated

as filed on the date of and after the entry. If a notice of appeal filed after verdict is not followed

by the entry of a judgment, the appeal is subject to dismissal at any time for lack of jurisdiction.

e.

(2) Filing Before Entry of Judgment. A notice of appeal filed after the announcement of a

verdict, decision, sentence, or order — but before the entry of the judgment or order — is treated

as filed on the date of and after the entry. If a notice of appeal filed after verdict is not followed

by the entry of a judgment, the appeal is subject to dismissal at any time for lack of jurisdiction.

(3) Effect of a Motion on a Notice of Appeal.

(A) If a defendant timely makes any of the following motions under the Superior Court Rules

of Criminal Procedure, the notice of appeal from a judgment of conviction must be filed within 30

days after the entry of the order disposing of the last such remaining motion, or within 30 days

after the entry of the judgment of conviction, whichever period ends later. This provision applies

to a timely motion:

(i) for judgment of acquittal under Rule 29;

(ii) for a new trial under Rule 33, but if based on newly discovered evidence, only if the

motion is made no later than 30 days after the entry of the judgment; or

(iii) for arrest of judgment under Rule 34.

(B) A notice of appeal filed after the announcement of a verdict, decision, sentence, or order

— but before the court disposes of any of the motions referred to in Rule 4(b)(3)(A) — becomes

effective upon the later of the following:

(i) the entry of the order disposing of the last such remaining motion; or

(ii) the entry of the judgment of conviction.

(C) A valid notice of appeal is effective — without amendment — to appeal from an order

disposing of any of the motions referred to in Rule 4(b)(3)(A).

(4) Motion for Extension of Time. Upon a finding of excusable neglect or good cause, the

Superior Court may — before or after the time has expired, with or without motion and notice —

extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of

the time otherwise prescribed by Rule 4(b).

r

disposing of any of the motions referred to in Rule 4(b)(3)(A).

(4) Motion for Extension of Time. Upon a finding of excusable neglect or good cause, the

Superior Court may — before or after the time has expired, with or without motion and notice —

extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of

the time otherwise prescribed by Rule 4(b).

(5) Entry Defined. A judgment or order is deemed to be entered within the meaning of this

subdivision when it is entered on the criminal docket by the Clerk of the Superior Court. When a

judgment or final order is signed or decided out of the presence of the parties and counsel, such

judgment or order will not be considered as having been entered, for the purpose of calculating the

time for filing a notice of appeal, until the fifth day after the Clerk of the Superior Court has made

an entry on the criminal docket reflecting the transmission of notice of judgment or order.

(c) Appeal by an Inmate Confined in an Institution.

(1) If an institution has a system designed for legal mail, an inmate confined there must use that

system to receive the benefit of this Rule 4(d)(1). If an inmate files a notice of appeal in either a

civil or a criminal case, the notice is timely if it is deposited in the institution’s internal mail system

on or before the last day for filing and:

(A) it is accompanied by:

(i) a declaration in compliance with 28 U.S.C. § 1746–or a notarized statement–setting out

the date of deposit and stating that first-class postage is being prepaid; or

(ii) evidence (such as a postmark or date stamp) showing that the notice was deposited and

that postage was prepaid; or

(B) the court exercises its discretion to permit the later filing of a declaration or notarized

statement that satisfies Rule 4(d)(1)(A)(i).

h 28 U.S.C. § 1746–or a notarized statement–setting out

the date of deposit and stating that first-class postage is being prepaid; or

(ii) evidence (such as a postmark or date stamp) showing that the notice was deposited and

that postage was prepaid; or

(B) the court exercises its discretion to permit the later filing of a declaration or notarized

statement that satisfies Rule 4(d)(1)(A)(i).

(2) If an inmate files the first notice of appeal under this Rule 4(d), the 14-day period provided

in Rule 4(a)(3) for another party to file a notice of appeal runs from the date when the Superior

Court dockets the first notice.

(d) Mistaken Filing in the Court of Appeals. If a notice of appeal is submitted to this court, the

Clerk must note on the notice the date when it was received and send it to the Clerk of the Superior

Court. The notice is then considered filed in the Superior Court on the date so noted.

(e) Remand to the Superior Court. When a case is pending in this court, and the Superior Court

has indicated its intention to grant a motion that will alter or amend the order, decision, judgment,

or sentence that is the subject of the appeal, the movant must notify the Court of Appeals, and any

party may request a remand of the case for that purpose by filing in this court a motion to remand

the case stating the trial judge’s intention. See Rule 41(e).