Sunday, June 22, 2008

Summarizing the appeal process

Since I am working on an appeal, here is a brief outline of what is involved.

The family court is not supposed to be the last word on anything. If you are dissatisfied with an order, you have one appeal as a matter of right.

Figure out if the order is appealable. You want to make sure that it is a final order, and you have all your evidence on the record. If there is any possibility of getting what you want in the court you're in, you should try that first.

If you have a lawyer, ask him to explain the appealability of any order that goes against you. Even if he does not do appeals himself, he should know what is appealable and be able to refer you someone who does the appeal.

Here is some advice for family court lawyers to help make a case ready for appeal. Unfortunately, many family court lawyers don't know these things, and ruin your chances on appeal.

File a notice of appeal, within 60 days of the order. Then you have to designate the record, within 15 days after that. The record consists of two bound volumes. One has court pleadings and orders. The other has transcripts. You have to pay court reporters to produce the transcripts.

Once the court of appeals has the record, you file a 50-page brief. There are some silly rules about format and copies.

Your opponent will file an opposition brief, and you get a chance to file a reply brief.

Once the court gets all the briefs, it schedules oral arguments. The decision comes in the mail about two months later.


Anonymous said...

I wished I was informed about the information you post. i had a meeting with Elizabeth Lee, which ended with me telling her off. I'm not going to listen to some hairy arm with a dirty poncho tell me that I blame everyone for what has happen without her knowing any of the facts.
June 16 was 2 years since i seen or spoke to my son. I have no criminal record, but since i did not get on my knees and say i am guilty and obey CPS reccommedations (not a court order) my parental rights were taken away and given to a father my son never met. His father was just released from prison 1 year, 8 DUI, assualts w/ deadly weapon and 18 mores years of felonie onvictions.
In 13 years e never paid childsuppport but I just got a letter stating if i do not pay my license will be suspened. Shit with the gas prices, do i really care.

keep on your blog......we are reading

George said...

Thanks. I'd like to expose the incompetence and corruption of the CPS agents and child custody evaluators.