Appellate Practice
Jun. 6, 2000
TIME TESTED
The Adviser: Appellate Law By Ronald P. Kaplan Just as the trial lawyer must be ever vigilant in seeing to it that the complaint is timely filed within the applicable statute of limitations, the appellate lawyer must take pains to assure that the notice of appeal is timely filed within the period prescribed by law. Because the time in which to file a notice of appeal is jurisdictional and cannot be extended by the parties or by the court unless authorized by statute or court rule, a court presented with an appeal filed even one day late "has no discretion but must dismiss the appeal of its own motion."
By Ronald P. Kaplan
Just as the trial lawyer must be ever vigilant in seeing to it that the complaint is timely filed within the applicable statute of limitations, the appellate lawyer must take pains to assure that the notice of appeal is t...
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