E. PRACTICE ON APPEAL

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Rule 16: Joint and Consolidated Appeals.

(a) Joint Appeals.  If two or more persons are entitled to appeal from a judgment or order and their interests are such as to make joinder practicable, they may proceed on appeal jointly. If two or more persons file separate notices of appeal from one judgment or order, the case shall be docketed in the appellate court as a single appeal.

(b) Consolidated Appeals.  When separate appeals involving a common question of law or common facts are pending before the appellate court, the appeals may be consolidated by order of the appellate court on its own motion or on motion of a party.

[Amended by order filed January 6, 2005, effective July 1, 2005.]

Advisory Commission Comment [2005].

Paragraph (a) is amended to harmonize this rule with the 2004 amendment to Rule 3(f) (regarding content of notice of appeal). Under paragraph (a) parties either may file a joint notice of appeal in compliance with Rule 3(f) or they may file separate notices of appeal. In either situation, when parties are seeking to appeal from a single judgment or order, the case will be docketed as a single appeal. Paragraph (b) is amended to clarify that appeals from separate cases may be consolidated on the court’s own motion or on motion of a party, when the separate cases involve a common question of law or a common set of facts.

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