Sometimes a court of law doesn't decide cases in your favor. When this happens, you will need to file a notice of appeal form to have another judge hear your case. Filling out your notice of appeal properly will make the process that much smoother.
Speak with your attorney about your case, if you have one. Appeal proceedings can be very expensive, so you should have an idea of how much appealing your case will cost before you file the notice of appeal.
Get an appeal form. You can often get these forms at the court or download one from the court's website. If you cannot get a form from the court, visit a copy shop. Many copy shops and office supply stores carry a wide variety of legal documents.
Read More: How to Write an Appeal Letter to a Circuit Court
Read over the form before you fill it out. While most appeal forms are short, you will need to be careful to fill in all of your information properly. If you do not, the defendant or his attorney might argue that you filed the appeal improperly.
Check the fee schedule on the form to determine how much you will owe the court for filing an appeal. Make sure to call ahead so you know what kinds of payment methods are available. Generally speaking, courts only accept cash, but some are starting to take credit cards.
Go to the courthouse and file your form. The clerk will stamp it with the time and date it was received and file it. You will be contacted shortly after with information regarding your court date.
- You may only file an appeal for yourself or your client. You can't file an appeal for a friend or relative unless you are a legally appointed guardian.
- Don't forget your contact information! Make sure you've put your phone number and address on the notice of appeal in case the court clerk has questions, or else you may have difficulty getting your court date in the mail.
- Fill out your notice of appeal completely. If you are unable to answer a question on the form, ask an attorney what it means. Court clerks are not permitted to decipher forms for you.
- If you can't afford to pay the filing fees, you may be able to get them waived. Contact the court for a waiver, which you must turn in at the same time as your notice of appeal.