Current through Register Vol. 54, No. 50, December 14, 2024
Rule 4004 - Content and Service of Notice of Appeal(a)Form. The notice of appeal shall be substantially in the following form: PENNSYLVANIA NATIONAL GUARD COURT-MARTIAL
Commonwealth |
v. | Docket No. ____________ |
Jonathon Doe, [rank], Defendant |
NOTICE OF APPEAL
Notice is hereby given that [party name] appeals to the Superior Court of Pennsylvania from the final judgment of court-martial/interlocutory order or ruling in this matter, dated ___, ___ 20 _ and rendered by ___.
The State Judge Advocate in this matter is _______, having an address. _______.
/s/ _______
_________
(b)Statement of errors complained of on appeal. A concise statement of errors complained of on appeal in conformance with the following requirements shall be appended to the notice of appeal: (1) The statement shall set forth only those orders, rulings, and errors that the appellant intends to challenge.(2) The statement shall concisely identify each order, ruling, or error that the appellant intends to challenge in sufficient detail to identify all pertinent issues for the authority that rendered those orders or rulings.(3) Issues not included in the statement are waived.(c)Additional content for notice of interlocutory appeal. (1) The notice of interlocutory appeal shall be accompanied by a request for transcript when the relevant proceedings have not been otherwise transcribed. The State Judge Advocate shall arrange for the necessary transcription and inclusion into the record.(2) When the Commonwealth appeals from an interlocutory order or ruling, the notice of appeal shall include a statement that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.(d)Service. A copy of the notice of appeal shall be served on all parties and the convening authority. If the appeal is from an interlocutory order or ruling, then a copy of the notice of appeal shall also be served on the presiding military judge.