Guam § 130 - Appeal: How Taken: Form.

§ 130. Appeal: How Taken: Form.

(a) An appeal from the Superior Court shall be taken by filing

a notice of appeal with the clerk of the Superior Court within the

time allowed by § 130.40. 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

appellate court deems appropriate, which may include dismissal

of the appeal.

(b) If two or more persons are entitled to appeal from a

judgment or order of the superior court and their interests are such

as to make joinder practicable, they may file a joint notice of

appeal, or may join in appeal after filing separate timely notices

of appeal, and they may thereafter proceed on appeal as a single

appellant. Appeals may be consolidated by order of the appellate

court upon its own motion or upon motion of a party, or by

stipulation of the parties to the several appeals.

(c) The notice of appeal shall specify the party or parties

taking the appeal and shall designate the judgment, order or part

thereof appealed from.

(d) The clerk of the superior court shall serve notice of the

filing of a notice of appeal by mailing a copy thereof to counsel of

record of each party other than the appellant, or, if a party is not

represented by counsel, to the party at his last known address; the

clerk shall also mail a copy of the notice of appeal and of the

docket entries to the clerk of the appellate court. When an appeal

is taken by a defendant, the clerk shall also serve a copy of the

notice of appeal upon him, either by personal service or by mail

addressed to him. The clerk shall note on each copy served the

date on which the notice of appeal was filed. Failure of the clerk

to serve notice shall not affect the validity of the appeal. The clerk

shall note in the docket the names of the parties to whom he mails

copies, with the date of mailing.

NOTE: Section 130.35 is substantively the same as Rule 3 of the Federal

Rules of Appellate Procedure. See generally 9 Moore, Federal Practice

&&203.01-203.35(1973). i.e., those rules which apply on taking an appeal

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from the federal district court to the circuit court of appeals. This Section

and § 130.40 which follows supersede former § 1239. See also former §§

1248 and 1249 (compare second sentence of Subsection (a) of § 130.35.).