Rule 30.

1997 Rules of Appellate Procedure

Home

Contents

One

Two

Three

Four

Five

Appendix

Search

Rule 21	Rule 22	Rule 23	Rule 24	Rule 25	Rule 26	Rule 27	Rule 28	Rule 29	Rule 30
Rule 31	Rule 32	Rule 33	Rule 34	Rule 35	Rule 36	Rule 37	Rule 38	Rule 39	Rule 40
Rule 41	Rule 42	Rule 43	Rule 44	Rule 45	Rule 46	Rule 47	Rule 48	Rule 49	Rule 50
Rule 51

RULE 30. RESTRICTED APPEAL TO COURT OF APPEALS IN CIVIL CASES

A party who did not participate — either in person or through counsel — in the hearing that resulted in the judgment complained of and who did not timely file a postjudgment motion or request for findings of fact and conclusions of law, or a notice of appeal within the time permitted by Rule 26.1(a), may file a notice of appeal within the time permitted by Rule 26.1(c). Restricted appeals replace writ of error appeals to the court of appeals. Statutes pertaining to writ of error appeals to the court of appeals apply equally to restricted appeals.

Notes and Comments
Comment to 1997 change: This is former Rule 45. The appeal by writ of error procedure is repealed. A procedure for an appeal filed within 6 months — called a restricted appeal — is substituted. This rule sets out who may take a restricted appeal. Rules 25.1 and 26.1 set out the method of perfection and the time for perfecting the appeal.

Last modified: November 08, 2001