1989 _ 1

GCO 1989-1

November 1, 1989

AMENDMENT OF RULES 3(a), (d) AND (e) AND

RULE 4(a)(1)OF THE RULES OF APPELLATE PROCEDURE

Rules 3(a), (d), and (e) and Rule 4(a)(1) of the FSM Supreme Court's Rules of Appellate Procedure are hereby amended to read as follows:

Rule 3. How Taken.

(a) FILING THE NOTICE OF APPEAL. An appeal permitted by these rules shall be taken by filing a notice of appeal with the clerk of the FSM Supreme Court Trial Division in the State in which the decision appealed from was made or, at the option of the appellant, directly with the clerk of the FSM Supreme Court Appellate Division at P.O. Box J, Pohnpei 96941. The notice of appeal must be filed within the time allowed by Rule 4. Failure of an appellant 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 such action as the Supreme Court Appellate Division deems appropriate, which may include dismissal of the appeal.

(d) SERVICE OF THE NOTICE OF APPEAL. The clerk of the FSM Supreme Court who accepts filing of the notice of appeal shall serve notice of that filing on the other parties by mailing a copy to counsel of record of each party other than the appellant, or, if a party is not represented by counsel, to the party at that person's last known address. If the notice is filed with a court other than the court from which an appeal is taken, the clerk accepting notice shall promptly notify the court appealed from of the filing of the notice of appeal. Any clerk of the FSM Supreme Court Trial Division who accepts filing of a notice shall immediately transmit a copy of the notice of appeal to the clerk of the FSM Supreme Court Appellate Division in Pohnpei, together with the names of the parties to whom copies of the notice of appeal have been mailed, with the date of mailing.

(e) PAYMENT OF FEES. Upon the filing of any notice of appeal, the appellant shall pay to the clerk of court with whom the notice is filed such fees as may be established by statute or by court rule.

Rule 4. When Taken.

(a) APPEALS IN CIVIL CASES.

(1) In civil cases appeals are permitted

(A) from all final decisions of the Federated States of Micronesia Supreme Court Trial Division; from final decisions of state or local courts in cases which required interpretation of the Constitution, national law, or a treaty; and from final decisions in the highest state courts in all other cases for which appeals to this Court are permitted by the pertinent state constitution;

(B) from interlocutory orders of the Federated States of Micronesia Supreme Court Trial Division granting, continuing, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify injunctions;

(C) from interlocutory orders of the Federated States of Micronesia Trial Division appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purpose thereof, such as directing sales or other disposals of property; and

(D) from interlocutory decrees of the Federated States of Micronesia Supreme Court Trial Division determining the rights and liabilities of the parties in admiralty cases.

The notice of appeal required by Rule 3 shall be filed within 42 days after the date of the entry of the judgment or order appealed from. If a notice of appeal to the Appellate Division of the FSM Supreme Court is mistakenly filed with a court other than that specified in Rule 3, the clerk of that other court may note thereon the date on which the notice of appeal was received and promptly transmit it to the clerk of the FSM Supreme Court Appellate Division in Pohnpei. The notice of appeal shall be deemed properly filed on the date so noted.

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	GCO 1989-1 November 1, 1989 AMENDMENT OF RULES 3(a), (d) AND (e) AND RULE 4(a)(1)OF THE RULES OF APPELLATE PROCEDURE Rules 3(a), (d), and (e) and Rule 4(a)(1) of the FSM Supreme Court's Rules of Appellate Procedure are hereby amended to read as follows: Rule 3. How Taken. (a) FILING THE NOTICE OF APPEAL. An appeal permitted by these rules shall be taken by filing a notice of appeal with the clerk of the FSM Supreme Court Trial Division in the State in which the decision appealed from was made or, at the option of the appellant, directly with the clerk of the FSM Supreme Court Appellate Division at P.O. Box J, Pohnpei 96941. The notice of appeal must be filed within the time allowed by Rule 4. Failure of an appellant 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 such action as the Supreme Court Appellate Division deems appropriate, which may include dismissal of the appeal. (d) SERVICE OF THE NOTICE OF APPEAL. The clerk of the FSM Supreme Court who accepts filing of the notice of appeal shall serve notice of that filing on the other parties by mailing a copy to counsel of record of each party other than the appellant, or, if a party is not represented by counsel, to the party at that person's last known address. If the notice is filed with a court other than the court from which an appeal is taken, the clerk accepting notice shall promptly notify the court appealed from of the filing of the notice of appeal. Any clerk of the FSM Supreme Court Trial Division who accepts filing of a notice shall immediately transmit a copy of the notice of appeal to the clerk of the FSM Supreme Court Appellate Division in Pohnpei, together with the names of the parties to whom copies of the notice of appeal have been mailed, with the date of mailing. (e) PAYMENT OF FEES. Upon the filing of any notice of appeal, the appellant shall pay to the clerk of court with whom the notice is filed such fees as may be established by statute or by court rule. Rule 4. When Taken. (a) APPEALS IN CIVIL CASES. (1) In civil cases appeals are permitted (A) from all final decisions of the Federated States of Micronesia Supreme Court Trial Division; from final decisions of state or local courts in cases which required interpretation of the Constitution, national law, or a treaty; and from final decisions in the highest state courts in all other cases for which appeals to this Court are permitted by the pertinent state constitution; (B) from interlocutory orders of the Federated States of Micronesia Supreme Court Trial Division granting, continuing, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify injunctions; (C) from interlocutory orders of the Federated States of Micronesia Trial Division appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purpose thereof, such as directing sales or other disposals of property; and (D) from interlocutory decrees of the Federated States of Micronesia Supreme Court Trial Division determining the rights and liabilities of the parties in admiralty cases. The notice of appeal required by Rule 3 shall be filed within 42 days after the date of the entry of the judgment or order appealed from. If a notice of appeal to the Appellate Division of the FSM Supreme Court is mistakenly filed with a court other than that specified in Rule 3, the clerk of that other court may note thereon the date on which the notice of appeal was received and promptly transmit it to the clerk of the FSM Supreme Court Appellate Division in Pohnpei. The notice of appeal shall be deemed properly filed on the date so noted. * * * *