RULE 41
Section 2. Modes of appeal.
(a) Ordinary appeal. The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judg ent or final order appealed fro and ser!ing a copy thereof upon the ad!erse party. "o record on appeal shall be re#uired except in special proceedings and other cases of ultiple or separate appeals where law on these Rules so re#uire. $n such cases% the record on Section 8. Joint record on appeal. (here both parties appeal shall be filed and ser!ed in like are appellants% they ay file a joint record on appeal within the ti e fixed by section ) of this Rule% or that fixed anner. xxx
Section 3. Period of ordinary appeal. The appeal shall be taken within fifteen (&') days fro notice of the judg ent or final order appealed fro . (here a record on appeal is re#uired% the appellant shall file a notice of appeal and a record on appeal within thirty ()*) days fro notice of the judg ent or final order. The period of appeal shall be interrupted by a ti ely otion for new trial or reconsideration. "o otion for extension of ti e to file a otion for new trial or reconsideration shall be allowed. (n) Section 4. Appellate court docket and other lawful fees. (ithin the period for taking an appeal% the appellant shall pay to the clerk of the court which rendered the judg ent or final order appealed fro % the full a ount of the appellate court docket and other lawful fees. +roof of pay ent of said fees shall be trans itted to the appellate court together with the original record or the record on appeal. (n) Section 5. Notice of appeal. The notice of appeal shall indicate the parties to the appeal% specify the judg ent or final order or part thereof appealed fro % specify the court to which the appeal is being taken% and state the aterial dates showing the ti eliness of the appeal. (,a) Section 6. Record on appeal- form and contents thereof. The full na es of all the parties to the proceedings shall be stated in the caption of the record on appeal and it shall include the judg ent or final order fro which the appeal is taken and% in chronological order% copies of only such pleadings% petitions% otions and all interlocutory orders as are related to the appealed judg ent or final order for the proper understanding of the issue in!ol!ed% together with such data as will show that the appeal was perfected on ti e. $f an issue of fact is to be raised on appeal% the record on appeal shall include by reference all the e!idence% testi onial and docu entary% taken upon the issue in!ol!ed. The reference shall specify the docu entary e!idence by the exhibit nu bers or letters by which it was identified when ad itted or offered at the hearing% and the testi onial e!idence by the na es of the corresponding witnesses. $f the whole testi onial and docu entary e!idence in the case is to be included% a state ent to that effect will be sufficient without entioning the na es of the witnesses or the nu bers or letters of exhibits. .!ery record on appeal exceeding twenty (/*) pages ust contain a subject index. (0a) Section 7. Approval of record on appeal. 1pon the filing of the record on appeal for appro!al and if no objection is filed by the appellee within fi!e (') days fro by the court. (3a)
receipt of a copy thereof% the trial court ay appro!e it as presented or upon its own otion or at the instance of the appellee% ay direct its a end ent by the inclusion of any o itted atters which are dee ed essential to the deter ination of the issue of law or fact in!ol!ed in the appeal. $f the trial court orders the a end ent of the record% the appellant% within the ti e li ited in the order% or such extension thereof as ay be granted% or if no ti e is fixed by the order within ten (&*) days fro receipt thereof% shall redraft the record by including therein% in their proper chronological se#uence% such additional atters as the court ay ha!e directed hi to incorporate% and shall thereupon sub it the redrafted record for appro!al% upon notice to the appellee% in like anner as the original draft. (2a)
