Chapter 08 - Appellate Procedure

Chapter 08 - Appellate Procedure

43.0801 Powers.


(a) The Appellate Division of the High Court shall have power on appeal or review to affirm, modify, set aside, or reverse the judgment or order appealed from or reviewed and to remand the case with such direction for a new trial or for the entry of judgment as may be just.

(b) The findings of fact of the trial, probate and Land and Titles Divisions of the High Court may not be set aside by the Appellate Division unless clearly erroneous.

43.0802 Procedure applicable to appeal.


The following procedure shall apply to appeals taken to the Appellate Division of the High Court:

(a) Before filing a notice of appeal, a motion for a new trial shall be filed within 10 days after the announcement of the judgment or sentence.

(b) A notice of appeal shall be filed within 10 days after the denial of a motion for a new trial.

(c) The appellant shall cause the record on appeal to be filed with the appellate division and the appeal to be docketed there within 30 days from the date the notice or appeal is filed.

43.0803 Stay of execution.


Pending the hearing and determination of an appeal, execution of the final judgment or order of the High Court shall not be stayed unless the Appellate, Trial, or Land and Titles Division, or Chief Justice, orders a stay for cause shown and upon such terms as it or he may fix.

43.0804 Decision on appeal final until otherwise provided by legislature,


Unless and until the Legislature of American Samoa provides for an appeal to a court created by an act of the Legislature, the decisions of the Appellate Division of the High Court shall be final. When and if the Legislature of American Samoa provides for an appeal from any decision of the courts of American Samoa to a court created by an act of the Legislature, any right of appeal granted from such decisions to the appellate division

of the High Court and right or review by the Secretary of the Interior shall cease.