Rule 61-7. Joint and Consolidated Appeals

(a) (1) Two or more parties in the same case may appeal jointly or severally. Separate cases heard together and involving at least one common party may as of right be appealed jointly, provided all the trial court docket numbers are shown on the appeal form (JD-SC-033).

(2) Prior to the filing of an appeal, the trial court, on motion of any party or on its own motion, may order that a joint appeal be filed in any situation not covered by the preceding paragraph.

(3) In the case of a joint appeal, only one entry fee is required. The appellant filing the appeal shall pay the entry fee. If using a fee waiver for a joint appeal, a granted waiver is required for each trial court docket number being appealed.

(4) When joint appellants are represented by different counsel or are self-represented, a single joint appeal consent form (JD-SC-035) signed by all joint appellants or their counsel shall be filed on the same business day the appeal is filed.

(b) (1) The Supreme Court or Appellate Court, on motion of any party or on its own motion, may order to consolidate appeals pending before it.

(2) When an appeal pending in the Supreme Court involves the same cause of action, transaction or occurrence as an appeal pending in the Appellate Court, the Supreme Court may, on motion of any party or on its own motion, order that the appeals be consolidated in the Supreme Court. The court may order consolidation at any time before the assignment of the appeals for hearing.

(3) There shall be no refund of fees if appeals are consolidated.

(c) Whenever appeals are jointly filed or are consolidated, all appellants shall file a single, consolidated brief and party appendix, if any, and a single, consolidated reply brief, if any. If the appellants cannot agree upon the contents of the brief, reply brief or party appendix, or if the issues to be briefed are not common to the joint appellants, any appellant may file a motion for permission to file a separate brief, reply brief or party appendix. Multiple appellees may file a joint or separate brief. Briefing shall otherwise be in accordance with the requirements of Section 672 et seq.

Committee Notes

(P.B. 1978-1997, Sec. 4004.) (Amended June 5, 2013, to