Author Topic: Small Claims appeal  (Read 698 times)

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lisser

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Small Claims appeal
« on: April 27, 2012 04:57:55 PM »
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
your appeal.

And

"A statement of the relief (compensation) to which you believe you are
entitled."

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?

cprems

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Re: Small Claims appeal
« Reply #1 on: April 27, 2012 05:09:11 PM »
I would go find a case where an Attorney responded.

You may have to go to another Court house. Or, one could ask the clerks how to search the appeals process. You may have to expand the search.
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lisser

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Re: Small Claims appeal
« Reply #2 on: April 28, 2012 01:44:55 AM »
I think I'm just about done with the statement of appeal, the guts of it that is.

I decided to keep the following headings:

My title page, the heading lists the style of the case, name and address of attorney involved and myself.

I put two attorneys on there bc even though only one attorney has corresponded with me and made an appearance in court, a different attorney's name from the same firm is listed on the docket. The small claims handbook states that all attorneys involved must be listed with addresses and phone numbers.

Introduction-very brief description of the case and state what the issues of appeal are.

Statement Concerning Oral Argument-here I state whether or not I want to appear in front of the judge or let my appeal speak for itself. (this is only one sentence)

Statement of Points and Authorities-here I go into more detail on the issues of appeal and what the trial court needs to decide.

Statement of the Case-here I state the facts of the case, ie. complaint was filed on xxxx, answer was filed on xxxx, arb elected on xxxx, motion filed on xxxx, etc.

Summary of Evidence-here I cite RCPs, Rules of Evidence, and case law to back up why what I say should be done should be done.

Conclusion-here I ask for what I want and sum it all up.

I've got a 15 page document here. Not every page is full of words, some only have a few sentences on it.

I hope the Circuit judge doesn't get mad that it's 15 pages.

Thoughts on this?

howucantoo

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Re: Small Claims appeal
« Reply #3 on: April 28, 2012 04:57:06 AM »
Page Volume depends on your court rules and type of appeal.

In My state brief (for higher court) limited to 50 pages, double spaced not including cover and certificate of conformity.





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lisser

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Re: Small Claims appeal
« Reply #4 on: April 28, 2012 07:59:08 PM »
There is no page limit, just says "short" statement.

 

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