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Notice of Appeal critique

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lisser:
Also, my appeal is going from the District Court to the Circuit Court so the heading would be:

APPEAL TO THE CIRCUIT COURT OF XXXX COUNTY, KY FROM THE DISTRICT COURT OF XXXX COUNTY, STATE

correct?

Also, what is the department? I've not put any department on any of my documents thus far.

Where you have Circuit Court number I need to put my case number right?

howucantoo:

--- Quote from: lisser on April 18, 2012   07:56:16 PM ---Also, my appeal is going from the District Court to the Circuit Court so the heading would be:

APPEAL TO THE CIRCUIT COURT OF XXXX COUNTY, KY FROM THE DISTRICT COURT OF XXXX COUNTY, STATE

correct?

Also, what is the department? I've not put any department on any of my documents thus far. My state has different departments (municipal , law, civil , etc) that's why , go with what your state requires.

Where you have Circuit Court number I need to put my case number right? Yes

--- End quote ---

lisser:
I think what you put an example of is the actual Statement of Appeal for me in my state. The Notice of Appeal in my state has this in my RCP:

Notice is given that C.D. and E.F., defendants {and third-party plaintiffs} in this proceeding, hereby appeal to the <name of appellate court> <from the order (describing it)>{from the final judgment} entered by this court on
__________, 19___.

The name(s) of the appellee(s) against whom this appeal is taken is (are) A.B., plaintiff <and X.Y., third-party defendant>.

/s/John M. Query

____________________________
John M. Query
2011 St. Clair Street
Frankfort, Kentucky 40601
Attorney for Appellants, C.D.
and E.F.

Here is the Rule:

CR 73.03 NOTICE OF APPEAL

     (1) The notice of appeal shall specify by name all appellants and all appellees ("et al." and "etc." are not proper designation of parties) and shall identify the judgment, order or part thereof appealed from. It shall contain a certificate that a copy of the notice has been served upon all opposing counsel, or parties, if unrepresented, at their last known address.

     (2) When the notice of appeal is filed, the clerk shall serve notice of its filing by mailing a copy showing the date filed to the clerk of the appellate court and to the attorney of record of each party or to the party, if unrepresented. The clerk shall note in the civil docket the names of the parties mailed the copies, with date of mailing. Failure of the clerk to comply with this rule does not affect the validity of the appeal.

I'm not sure why all that stuff I pasted is crossed out? Sorry.

howucantoo:

--- Quote from: lisser on April 18, 2012   08:01:33 PM ---I think what you put an example of is the actual Statement of Appeal for me in my state. The Notice of Appeal in my state has this in my RCP:

Notice is given that C.D. and E.F., defendants {and third-party plaintiffs} in this proceeding, hereby appeal to the <name of appellate court> <from the order (describing it)>{from the final judgment} entered by this court on
__________, 19___.

The name(s) of the appellee(s) against whom this appeal is taken is (are) A.B., plaintiff <and X.Y., third-party defendant>.

/s/John M. Query

____________________________
John M. Query
2011 St. Clair Street
Frankfort, Kentucky 40601
Attorney for Appellants, C.D.
and E.F.

Here is the Rule:

CR 73.03 NOTICE OF APPEAL

     (1) The notice of appeal shall specify by name all appellants and all appellees ("et al." and "etc." are not proper designation of parties) and shall identify the judgment, order or part thereof appealed from. It shall contain a certificate that a copy of the notice has been served upon all opposing counsel, or parties, if unrepresented, at their last known address.

     (2) When the notice of appeal is filed, the clerk shall serve notice of its filing by mailing a copy showing the date filed to the clerk of the appellate court and to the attorney of record of each party or to the party, if unrepresented. The clerk shall note in the civil docket the names of the parties mailed the copies, with date of mailing. Failure of the clerk to comply with this rule does not affect the validity of the appeal.

I'm not sure why all that stuff I pasted is crossed out? Sorry.

--- End quote ---

What you have is NOTICE OF FILING a NOTICE OF APPEAL

Example below is how it is done in my state; See if you can find a appeals handbook that has a timing and samples of filings /notices, etc.

1) file notice of appeal with clerk of the court, take at least a few extra copies to be stamped (one must be sent to the other side)
2) "Notice of filing a notice of appeal" sent to the other side and filed with clerk , get a stamped copies for record.
3) all filing should be filed in appellate court within a short time frame. It all depends on what type of appeal it is, in my state appeal from child custody or other civil judgments have different length of time to be filed than interlocutory appeal (for injunctive relief).

Rules Vary from state to state, but I know formatting / caption/title is almost always the same.

Fighting Irish:
Be sure to check the RCPs for the correct titles for your documents.

In my state, the cover letter would be titled: NOTICE OF APPEAL AND APPEAL.

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