I'm wrapping up my SOA.
The format for appeals from Circuit to COA are different than the format for appeals from District to Circuit.
In looking at the guidelines for the statement of appeal from District to Circuit posted on the KY Justice site the requirements are:
"A short statement of the legal (not factual) issues for consideration by
the judge, including an explanation as to why you believe the district
judge made an error (or errors) in the small claims judgment."
"A fair and accurate summary of the evidence heard by the judge in the
small claims case or a statement that the appeal does not require
consideration of the evidence. New evidence cannot be submitted in
"A statement of the relief (compensation) to which you believe you are
There is also a requirement for you to state if you want an oral argument. I do not have a question about this part.
The appeals that I have pulled from my local courthouse that are similar to my case are both from Circuit to COA and each have headings of "Introduction", "Statement of Points and Authorities", "Statement of the Case", "Argument" and "Conclusion".
So far in my appeal I've got headings of "Introduction", "Statement of Points and Authorities", and "Statement of the Case."
I was going to go in to "Argument" but looking again the guidelines I'm not so sure I shouldn't just combine the statement of the case and the argument together?
I feel like in my statement of the case I've produced the facts of the case and the criteria says state the legal issues, not factual.
I interpret this as I should be citing the RCPs that have not been followed instead of saying, "On 1/2/11 Plaintiff filed this." "On 2/3/4 Defendant filed this."
My "Argument" was going to be where I provided my case law and RCPs.
I've already got 7 pages and have not even begun my argument. Granted, some of those pages only have a few sentences on them. For example, my statement concerning oral argument is only 2 sentences.
However my statement of points and authorities is 2 full pages (double spaced) and my statement of the case is 2 full pages (double spaced).
The appeals I pulled from my courthouse that were from Circuit to COA are a total of 8 pages.
I guess what I'm saying is I don't want this Circuit judge to just throw away my appeal bc it's too long. There is no page requirement but the criteria does say "short statement."
With regard to the statement of the evidence, does this mean the actual exhibits I attached to my MIOSJ? For example the bill of sale, the cardmember agreement, the affidavit from the JDB employee or is the evidence me showing the case law precedent that was ignored and the RCPs that were not applied correctly?