Rule 11. Notice of appeal; where to file; timeliness; consolidated appeals; contents; parties; service; notice to court of appeals; death of party; counsel appointment; jurisdictional challenges; parties joining

(a) An appeal shall be taken by filing a notice of appeal with the lower court within 15 days of entry of judgment by that same court, unless appellate provisions of a tribe or pueblo specify otherwise.

(b) If the notice of appeal is filed by mistake with the court of appeals, the appellate clerk shall transmit the notice to the lower court where it shall be deemed filed on the date and time indicated by the appellate clerk.

(c) Failure to file a timely notice of appeal is jurisdictional and the appellate court shall dismiss the appeal if the notice is filed after the date set by law.

(d) If two or more persons are entitled to appeal from a judgment and consolidating their appeals is practicable, they may file a joint appeal or join in an appeal after filing separate timely notices of appeal and proceed as one appeal. Appeals may be consolidated by order of the court of appeals upon its own motion, motion of either party, or stipulation of the parties to several appeals.

(e) The notice of appeal shall, at a minimum, include:

1. (1) the names, title, addresses, and telephone numbers of the parties taking the appeal and their counsel unless the lower court determines that including the address or telephone number of any person would place that person in physical jeopardy;
2. (2) the name of the court rendering the adverse ruling and the date the ruling was rendered;
3. (3) a concise statement of the adverse ruling or alleged errors made by the lower court;
4. (4) the nature of the relief being sought; and,
5. (5) a concise statement of the reasons for reversal and modification.

(f) All parties to the proceeding in the lower court from which the appeal is taken shall be deemed parties unless the court of appeals receives written notice from a party to the contrary.

(g) The appellant shall serve a copy of the notice of appeal on all parties within 15 days of the filing of the notice. The appellant shall file a certification of service with the lower court clerk within 15 days of the filing of the notice of appeal. In the case of a pro se appellant, service and notice required by this subsection may be provided by the lower court clerk.

(h) The lower court clerk shall transmit a copy of the notice of appeal and any docket entries, including the date and names of persons receiving notice of the appeal, to the appellate clerk after noting on each copy the date and time the notice of appeal was filed, and shall serve it as required by tribal law within 24 hours after receiving the notice, unless the tribal court extends the time by order.

(i) The death of a party or counsel shall not affect the validity of the appeal unless the appeal is from a criminal conviction and the defendant dies in which case the appellate court shall dismiss the appeal.

(j) Lower and appellate courts shall not be required to appoint or provide counsel for criminal defendants/appellants.

(k) Any appellee may file a written statement challenging the jurisdiction of the court of appeals with the clerk of the lower court within 15 days after receiving a copy of the notice of appeal.

(l) In multiple party litigation, if an appellee supports the position of the appellant, that appellee may join the appellant's position by filing an appropriate document within 15 days.