Notice Of Appeal Form For Pro se Litigants
Read The Instructions Below!
(YOUR NAME)
(YOUR STREET ADDRESS)
(YOUR CITY/STATE/ZIP)
(YOUR PHONE NUMBER)
Appellant, Pro se
(NAME OF COURT WHERE JUDGMENT/DECREE TO BE APPEALED WAS ENTERED)
(CAPTION OF YOUR CASE; Edit to make it look similar to documents filed in your case)
_____________________)
_____________________) No. (CASE NUMBER OF
CASE
_____________________) IN WHICH JUDGMENT TO
BE
_____________________) APPEALED WAS ENTERED)
_____________________)
_____________________)
_____________________) NOTICE OF APPEAL
_____________________)
_____________________)
_____________________)
NOTICE IS GIVEN that (YOUR NAME) hereby Appeals from the
(Judgment/Decree/Decision, etc.) entered herein on (DATE
JUDGMENT
WAS SIGNED) by the Honorable (NAME OF JUDGE OR JUDICIAL
OFFICIAL
WHO SIGNED JUDGMENT) in the above-captioned action.
Dated:(DATE)______
_____________________
(YOUR NAME)
(YOUR STREET ADDRESS)
(YOUR CITY/STATE/ZIP)
(YOUR PHONE NUMBER)
Appellant, Pro se
Original filed with the Clerk of this Court, along with any fees required by the clerk, and copies mailed/delivered on this date
(DATE OF FILING/MAILING) to:
(NAME AND ADDRESS OF OTHER PARTY OR ATTORNEY FOR OTHER
PARTY)
(NAME AND ADDRESS OF JUDGE WHO SIGNED THE JUDGMENT APPEALED
FROM)
(OTHER PARTIES WHO RECEIVED COPIES IN THIS CASE)
Instructions And Precautions For Use Of The Notice Of Appeal
1. NEVER assume that a universal document is correct for your state and court; try to determine BEFORE YOU FILE if the above form will be acceptable to the Clerk of your court. It is believed to contain the minimum basic elements for the filing of a notice of appeal anywhere, but no guarantees of format, sufficiency or acceptability are made.
2. Find out IMMEDIATELY how many days you have from the date of signing of your Judgment/Decree or other FINAL order to file a Notice of Appeal. In some courts and in some kinds of cases, it can be 10, 20 or 30 days. IF YOU WAIT BEYOND THE APPEAL PERIOD FOR YOUR CASE, YOU HAVE LOST YOUR RIGHT OF APPEAL AND CANNOT FILE THE NOTICE. SPEED IS CRUCIAL!!!!
3. Check with the Clerk of Court as to where the Notice of Appeal and subsequent papers are to be filed. In most instances, the initial Notice of Appeal is filed in the Court that issued the Judgment or Decree that you are appealing, not in the higher appeals court. Later papers may go to the higher court, depending upon procedures in your state. Ask the Clerk to be sure!
4. The Clerk may, instead of accepting this form, require that you use the Clerk's own provided form. Go with the flow. Fill out theirs, if that's what they want. What's important is to FILE A TIMELY NOTICE OF APPEAL TO STOP THE CLOCK FROM RUNNING.
4. You may be required, depending on your state and court rules, to pay various fees or bonds along with the Notice of Appeal. The Clerk should be able to tell you what these are. There may be a simple Appeal Filing Fee. If the judgment you are appealing requires you to pay a sum of money, the filing of the Notice of Appeal alone may not stop the other party's right to collect. A "supersedeas bond" in the amount of the judgment or larger may be required to be posted in order to stop collection or execution ofthe judgment while it is on appeal.
5. To carry through your appeal, be prepared to arrange and pay for, if necessary, the preparation of a complete Court Reporter's Transcript of what was said at your trial, if any, and possibly to pay for the Clerk's photocopy costs required to send the Appeals Court a copy of the file (the papers filed by both sides plus notations or memoranda placed into the file by the Court itself. You may be required to obtain a "docket" or listing of the papers already in your court file, originals or copies of which will be sent up to the higher court. In some instances, you may save a portion of the clerk's photocopying expense by giving the clerk a clearly prepared list of only those docket papers which you wish to have the court of appeals refer to. Safest is to let all the court's docketed papers be transmitted to the higher court.
6. EITHER you will be sent a "briefing schedule" telling when your "Opening Brief" will be due, or your state may have a fixed number of days (usually more than 30) AFTER the Notice of Appeal is filed, in which you must prepare and file your Opening Brief. Beware! Failure to pay fees or to timely file the Opening Brief may result in permanent dismissal of your Appeal. Sometimes a written motion for extension of time will succeed in delaying the briefing schedule, BUT THE NUMBER OF DAYS FOR FILING THE NOTICE OF APPEAL IN MOST CASES CANNOT BE EXTENDED.
Don'T Let Bad Judgments/Decrees Become Permanent! Appeal Them!
FOOD FOR THOUGHT
The Exercise Of Power Is The Fastest Acting Intoxicant Known To Man.
You Can Get Drunk Before You Know It.
Many times the reason or purpose for events in our life initially escapes us,
but I am certain we can find reason and/or purpose in everything that happens!
It takes a short time to learn to exercise power, but a lifetime to learn how to avoid abusing it.
We are no longer a country of laws, we are a country where laws are "creatively interpreted."
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