An appeal is a petition filed in the higher court to review to arbitrate, if the lower court made a legal mistake. An appeal is not meant to start a new trail or introduce fresh evidence in the case. The only evidence an upper court will look into is:
- audio recording of the trial in lower court
- things presented as evidence during the trial in lower court
- documents related to the trial
- appeal briefs filed by the lawyers
The person who files the appeal in the court is called as an appellate and the opposing party is called as respondent.
The right time to file the appeal in the court depends upon the nature of the case you are appealing. Divorce being a civil court procedure, all the states in America provide a deadline of 30 days to file an appeal. Once the notice to appeal is filed in the court, the time frame for filing briefs and responding to the defendant's claims is according to the state's laws.
After filing an appeal, all the documents related to it must be served to the opposing attorney. The required documents include all the paperwork that initiated the process, all briefs, proposed orders, affidavits and opposition papers. Along with these you are also required to provide a certificate of service that states when and how you gave the opposing attorney a copy of any required paper work. All the forms have a certificate of service at the bottom of the page that you can fill out.
An appeal process can be time consuming. Before the initiation of the process the court takes its own time to get all the required documents related to it. A court reporter and clerk are given time to make transcripts and collect and provide the record to the higher court. There is a fixed time duration to file the briefs . Once the appeal is ready, it is given to a department for examination. The concerned department takes most of the decision after examination of the appeal within 90 days. However, some decision can take longer duration. The reason for delay can be if the case is complex or when the bench of judges are not unanimous in opinions.
You don't require the services of an attorney for this but it will be in the best interest of yours if you hire one. If you are planning to do the divorce on your own, then make sure that you have an attorney to consult through out the process. You can get advice regarding the procedure, or if you have any doubts related to documents and when to file them. If you are representing yourself then you will be regularly notified by the Appellate Court Clerk’s office. If your attorney is representing your appeal, then your attorney will be notified about the latest updates
For more information on court procedures, you can visit edivorcecourt.com
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