Rule 27 — Premature Filings

27.1.  Prematurely Filed Notice of Appeal
(a) Civil Cases. In a civil case, a prematurely
filed notice of appeal is effective and deemed
filed on the day of, but after, the event that
begins the period for perfecting the appeal.
(b) Criminal Cases. In a criminal case, a
prematurely filed notice of appeal is effective
and deemed filed on the same day, but after,
sentence is imposed or suspended in open
court, or the appealable order is signed by the
trial court. But a notice of appeal is not
effective if filed before the trial court makes
a finding of guilt or receives a jury verdict.
27.2.  Other Premature Actions
The appellate court may treat actions taken before
an appealable order is signed as relating to an appeal
of that order and give them effect as if they had been
taken after the order was signed. The appellate court
may allow an appealed order that is not final to be
modified so as to be made final and may allow the
modified order and all proceedings relating to it to be
included in a supplemental record.
27.3.  If Appealed Order Modified or Vacated
After an order or judgment in a civil case has been
appealed, if the trial court modifies the order or
judgment, or if the trial court vacates the order or
judgment and replaces it with another appealable order
or judgment, the appellate court must treat the appeal
as from the subsequent order or judgment and may
treat actions relating to the appeal of the first order or
judgment as relating to the appeal of the subsequent
order or judgment. The subsequent order or judgment
and actions relating to it may be included in the
original or supplemental record. Any party may
nonetheless appeal from the subsequent order or
judgment.

Comment to 1997 change:   This rule is new and
combines the provisions of former Rules 41(c) and 58.