Monday, March 30, 2015

Cross-Appeals

In Mississippi, there are certain timeframes to file a cross-appeal in a case.  Mississippi Rule of Appellate Procedure 2(a)(1) provides that “An appeal shall be dismissed if the notice of appeal was not timely filed pursuant to Rules 4 or 5.”  Rule 4(c) of the Mississippi Rules of Appellate Procedure states that a party seeking to cross-appeal must "file a notice within 14 days after the date on which the first notice of appeal was filed." M.R.A.P. 4(c).  This means that you have the option of the thirty (30) days from the entry of the final order on a case or 14 days from the filing of a notice of appeal by the other party whichever is longer.  As such, no need to worry if you want to wait to see if the other party appeals to see if you want to cross-appeal.

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