KSC, TITLE 6.  THE JUDICIARY
 
 
Part I.  Provisions of
General Applicability

 Chapter 4.  Appeal

Section 6.401.  Time.
Section 6.402.  Error.
Section 6.403.  Power of appellate court.
Section 6.404.  Right to appeal.

     Section 6.401.  Time.
     A person makes an appeal by filing a notice of appeal with the Court within thirty days of receipt of notice of the imposition of sentence or entry of the judgment, order or decree to be appealed from, or within a longer time prescribed by rule.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.

     Section 6.402.  Error.
     An error in the admission or exclusion of evidence, error or defect in a ruling or order, or anything done or omitted by the Court, or by a party does not constitute a ground for granting a new trial, or for vacating, modifying, or otherwise disturbing a judgment or order, unless the appellate court finds that failure to take action would be inconsistent with substantial justice.

     Section 6.403.  Power of appellate court.

     (1)  The appellate court has the power to affirm, modify, set aside, or reverse and remand with directions for a new trial or for the entry of judgment, the judgment or order appealed from.

     (2)  The appellate court does not set aside the Court's findings of fact unless clearly erroneous.

     (3)  In an appeal from a criminal proceeding the appellate court has the power to set aside a judgment of conviction, commute, reduce or suspend the execution of a sentence, or order a new trial upon appellant's petition. On a Government appeal from a criminal proceeding the appellate court may not reverse a finding of not guilty, but may reverse a determination of invalidity of a law or regulation.

     Section 6.404.  Right to appeal.
     A party may appeal from the Court to the appellate court:

     (1)  from a final judgment or order;

     (2)  from an interlocutory order granting, continuing, modifying, refusing or dissolving an injunction, or refusing to dissolve or modify an injunction;

     (3)  from an interlocutory order appointing a receiver, or refusing an order to wind up a receivership or to take steps to accomplish the purposes thereof, such as directing a sale or other disposal of property;

     (4)  in a criminal proceeding, by a defendant from a final judgment, order or sentence, including an order granting or denying bail, revoking or modifying probation or parole, and modifying or refusing to modify a sentence, and as otherwise provided by law;

     (5)  in a criminal proceeding, by the Government only when the Court has held a law or regulation invalid.

     (6)  in a civil proceeding, when a justice has certified that an order not otherwise appealable involves a controlling question of law concerning which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance completion of the action.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.