§ 16-91-105. Time and method of taking appeal — Motion for new trial, etc - US Lawyer Database

(a)
1. (1) Within thirty (30) days from the date of the sentence and entry of judgment by the trial judge, the person desiring to appeal the judgment shall file with the trial court a notice of appeal identifying the parties taking the appeal and the judgment appealed.
2. (2) The notice of appeal shall include a certificate by the appealing party or his or her attorney that a transcript of the trial record has been ordered from the court reporter if, for the purposes of the appeal, a transcript is determined essential to resolve the issues on appeal.
3. (3) Notification of the filing of the notice of appeal shall be given to all other parties or their representatives involved in the cause by mailing a copy of the notice of appeal to the parties or their representatives, but failure to give the notification shall not affect the validity of the appeal.
4. (4) Failure of the appellant to take any further steps to secure the review of the appealed conviction shall not affect the validity of the appeal but shall be grounds only for such action as the appellate court deems appropriate, which may include dismissal of the appeal.
5. (5) If an appeal has not been docketed in the Supreme Court, the parties, with the approval of the trial court, may dismiss the appeal by stipulation filed in that court, or that court may dismiss the appeal upon a motion and notice by the appellant.
(b)
1. (1) Prior to the time fixed to file a notice of appeal, a person convicted of either a felony or misdemeanor may file a motion for new trial, a motion in arrest of judgment, or any other application for relief.
2. (2) The pleadings should include a statement that the movant believes the action is meritorious and is not offered for the purpose of delay.
3. (3) Service of the motion shall be given to the representative of the prosecuting party.
4. (4) If requested or found to be necessary, the trial court shall promptly designate a date certain to take evidence and to hear and dispose of all matters that are presented.
5. (5) Upon the filing of any motion or other application for relief in the trial court, the time to file a notice of appeal shall not expire until thirty (30) days after the disposition of all motions or applications.