(a) (a) How taken. Where a right of appeal to the family court is allowed by statute, any person or party allowed by statute may appeal from such decision, order or action by filing a notice of appeal in the family court having jurisdiction of the matter. As used in this Rule, the term “appellant” means any person or party filing a notice of appeal, and “appellee” means every governmental body or official (other than a court) whose decision, order or action is appealed from, and every other party to the proceedings.
(b) (b) Time. The notice of appeal shall be filed in the family court of the circuit in which the appellant resides within 30 days of the preliminary ruling or within 30 days after the service of the copy of the final decision and order. However, if the notice of appeal is mailed, the notice of appeal shall be deemed timely filed if the mailing is postmarked within the time fixed for filing and is received by the clerk no later than 5 days after the postmarked date. For the purposes of calculating other deadlines in these Rules, date of filing under this Rule shall be the date the document is received by the clerk.
(c) (c) Service. Promptly after filing the notice of appeal, the appellant shall serve a copy thereof upon each appellee.
(d) (d) Record on appeal.
(1) (1) DESIGNATION. The appellant shall, concurrently with filing the notice of appeal or no later than 10 days after filing the notice of appeal, file with the clerk of the court either conventionally or through JEFS a Designation of Record on Appeal (the “Designation”). The Designation shall specify the documents, transcripts, minutes, and exhibits (“the designated materials”) that the appellant desires to be filed in the family court in connection with the appeal.
The appellant shall fill out an Order for Certification and Transmission of the Record form, provided by the family court, which shall command the governmental official or body whose decision, order or action is appealed from (the “agency”), to certify and transmit the designated materials to the family court no later than 20 days following service of the filed “Order for Certification and Transmission of the Record” or within such further time as may be allowed by the family court. The Order for Certification and Transmission of the Record shall be attached to a coversheet which includes “Proposed” in its title, although the title of the attached Order shall not include the word “Proposed”. If the appellant is a JEFS User, the “Proposed Order for Certification and Transmission of the Record” (with the attached Order) shall be filed electronically via JEFS. If the appellant is not a JEFS User, the appellant shall submit the “Proposed Order for Certification and Transmission of the Record” (with the attached Order) to the clerk for conventional filing.
The clerk, in the name and under the seal of the court, shall sign, date, and file the Order for Certification and Transmission of the Record. If the appellant is not a JEFS User, the clerk shall conventionally serve certified copies of the Designation and Order for Certification and Transmission of the Record on the appellant.
The appellant shall serve certified copies of the Designation and the Order for Certification and Transmission of the Record upon the agency and upon all parties and, if serving conventionally, shall file a certificate of conventional service.
The family court may compel obedience to the Order for Certification and Transmission of the Record by any appropriate process.
(2) (2) COUNTER DESIGNATION. Any appellee may, within 10 days after service of the Designation and statement of the case, file with the clerk of the court either conventionally or through JEFS a Counter-Designation of Record on Appeal (the “Counter-Designation”) which shall specify additional documents, transcripts, minutes and exhibits (the “counter-designated material”) that the appellee desires to be filed in the family court in connection with the appeal.
The appellee shall fill out an Order for Certification and Transmission of the Record form, provided by the family court, which shall command the agency to certify and transmit the counter-designated materials to the family court no later than 20 days following service of the filed Order for Certification and Transmission of the Record or within such further time as may be allowed by the family court. The Order for Certification and Transmission of the Record shall be attached to a coversheet which includes “Proposed” in its title, although the title of the attached Order shall not include the word “Proposed”. If the appellee is a JEFS User, the “Proposed Order for Certification and Transmission of the Record” (with the attached Order) shall be filed electronically via JEFS. If the appellee is not a JEFS User, the appellee shall submit the “Proposed Order for Certification and Transmission of the Record” (with the attached Order) to the clerk for conventional filing.
The clerk, in the name and under the seal of the court, shall sign, date, and file the “Order for Certification and Transmission of the Record”. If the appellee is not a JEFS User, the clerk shall conventionally serve certified copies of the Counter-Designation and Order for Certification and Transmission of the Record on the appellee.
The appellee shall serve certified copies of the Counter-Designation and the “Order for Certification and Transmission of the Record” upon the agency and upon all parties and, if serving conventionally, shall file a certificate of conventional service.
When the appellee filing the Counter-Designation is the agency which has official custody of the counter-designated materials, it shall be sufficient that the appellee agency file the counter-designated materials and identify the same in an accompanying certificate. A copy of such certificate and of any counter-designation shall be served forthwith upon the appellant either through JEFS or conventionally if the appellant is not a JEFS User.
The family court may compel obedience to the Order for Certification and Transmission of the Record by any appropriate process.
(e) (e) Statement of case. The appellant shall file in the family court, concurrently with the filing of appellant’s designation, a short and plain statement of the case and a prayer for relief. Copies of such statement shall be conventionally served forthwith upon every appellee who has not yet registered with JEFS in connection with the appeal. The statement shall be treated, as near as may be, as an original complaint and the provision of these Rules respecting motions and answers in response thereto shall apply.
(f) (f) and (g) Reserved.
(h) (h) Costs. No appeal shall be heard, and the appeal shall be dismissed, unless the appellant shall pay all costs, if any, including costs for the transcribing of the transcripts, and furnish every bond or other security, if any, required by law.
(i) (i) Stay. The filing of a notice of appeal shall not operate as a stay of the decision, order or action appealed from, unless otherwise provided by statute.
(k) (k) Judgment. Upon final determination of the appeal, the family court shall enter judgment. Such judgment shall be reviewable, or final, as may be provided by law. Promptly after final determination of the appeal in the family court, the clerk of the court shall serve the parties and the governmental official or body concerned of the disposition of the appeal in accordance with Rule 77 of these Rules.