What is a Notice of Appeal?
The notice of appeal consists of a written statement that you have to file with the trial court before you can proceed with your appeal. This statement should include the name and trail court docket number of your case. In addition, you should make it clear that you want to appeal the verdict reached in your case. Be sure to also state your contact information, your full name, and the specific aspect of the trial you are appealing in the notice of appeal. An attorney can help you gather this information if you feel confused.
What is a Docketing Statement?
Once your appeals case begins, you have to file a docketing statement and make sure that it gets served to the cross appellants in the case. Likewise, any cross appellants or opposing parties in your case must serve you with a documenting statement.
A docketing statement contains background information concerning your case. Once a notice of entry is issued, you have two weeks to file the docketing statement. Failing to submit this document means that the court can deny future motions to stay proceedings or motions to enlarge time.
What is a Motion for Extension of Time?
The appeal process is on a strict time schedule. If you feel that for any reason you can’t meet deadlines imposed by the court, you can ask the Appeals Court for additional time through a motion for extension of time. Within this motion, you have to explain why you need more time and inform the court of how much extra time you are asking for. If you file a motion for extension of time, you have to inform all parties involved in the appeal of this motion. The court will only grant one extension of time motion for each side in the case, and you will not get more than 120 days of extra time.
What is a Cross-Appeal?
In some cases, both parties involved in a case choose to appeal a verdict or other aspect of the trial. If this is the case, it is called a cross-appeal.
How Many Times Can I Appeal my Case?
You can appeal your case to the appeals court, the State Supreme Court, and the United State Supreme Court, for a total of three appeals.
What is an Appellee?
The appellee in an appeals case is the party that did not file the notice of appeal.
How Can I Prepare for My Appeal?
Inform yourself about appeal cases, what motions and documents you have to file, and stay organized and on top of deadlines. For assistance preparing for your case, be sure to consider hiring an appellate lawyer in your area.
When Will My Appeal get Decided?
In most cases, you should expect your oral argument to be scheduled within six months to a year after all of the briefs in your case have been filed. After the oral argument, most cases are decided within 130 days.