Notice of Appeal

You have to file a form called a Notice of Appeal within a certain period of time.

How is the Notice of Appeal prepared by the Appellant?

In the judgment and/or order under appeal as well as the date of entry of judgment or order, the appellant fills in. The appellant, the appellant’s lawyer, or the self-represented plaintiff who brought the appeal signs the appeal notice. Once the appellant completes the Notice of Appeal, both parties will get a copy and the original. This must submit with the division of the Superior Court of Appeals.

And what is the Service?

Paper service means, if you choose to file electronically, email, hand delivery or electronic transmission. You let the parties know what you are doing by mailing, or hand-delivering. Also, digitally submitting copies of the papers you want to file with the court. Hence in this case, the Notice of Appeal.

Copies of all the papers you prepare (with the exception of a fee waiver or accommodation for disabilities) should be served on all lawyers and self-represented parties and the original lodged with the court.

Only someone over the age of 18 who is not a party to the lawsuit can hand-deliver and/ or mail a document. For instance, if in an appeal you are in pro per, you can not send your notice of appeal to the parties by hand or by fax. Another, an adult who isn’t a party, has to do it for you.

How can one know that the file has been served?

Depending on if you’re delivering by mail or in person, the service provider needs to fill out the Service Evidence properly. The originals of the Appeal Report and Service Evidence are filed with the Superior Court’s Appeals Division.

Can there be a charge to make an appeal?

The appellant will have to include, together with the Notice of Appeal, a $775 filing fee per check, money order, cash, credit card or electronic transfer of funds unless the appellant has a waiver of fee.

The check or money order must be payable to the Executive and/or to the Clerk Officer Court of Appeal. A second check or money order for $100 must also be payable to the “Clerk of the Superior Court”. This is for a deposit for the transcript of the clerk.

What could happen if you don’t pay the fees?

Whether these charges are not paid or suspended, or if the appellant’s check bounces, the court must inform the appellant that he or she has 15 days to either pay or waive the charge, or the appeal might be dismissed.

If the case falls under dismissal, the court can reinstate the appeal on a petition.

If there is a good reason why the payment is late, the court can reinstate the appeal on a petition.

When the court grants the motion to re-establish the appeal, it will give a specific time to make payment.

For any further assistance and or legal representation, contact KAASS LAW today!

Here are some forms in regards to making an appeal.