Free Form from NOLAWYER/HOW2

APPELLATE RIGHTS


"Take a bite out of Bad Court Decisions"


NOTICE OF APPEAL


Copy the form from this screen or click here to download/ftp the self-expanding file "NAPPL.EXE" containing this form in many popular word processor formats. If your browser does not have a default download directory, you may be asked onscreen to select one where you'd like NAPPL.EXE to appear on your hard drive.

(YOUR NAME)
(YOUR STREET ADDRESS)
(YOUR CITY/STATE/ZIP)
(YOUR PHONE NUMBER)
Appellant, In Propria Persona

(NAME OF COURT WHERE
JUDGMENT/DECREE TO BE APPEALED WAS ENTERED)
(CAPTION OF YOUR CASE; Edit to make it look similar to documents filed in your case)

_____________________________________)
_____________________________________) No. (CASE NUMBER OF CASE
_____________________________________) IN WHICH JUDGMENT TO BE
_____________________________________) APPEALED WAS ENTERED)
_____________________________________)
_____________________________________)
_____________________________________) NOTICE OF APPEAL
_____________________________________)
_____________________________________)
_____________________________________)

NOTICE IS GIVEN that (YOUR NAME) hereby Appeals from the

(Judgment/Decree/Decision, etc.) entered herein on (DATE JUDGMENT

WAS SIGNED) by the Honorable (NAME OF JUDGE OR JUDICIAL OFFICIAL

WHO SIGNED JUDGMENT) in the above-captioned action.

Dated:(DATE)_______________________

_____________________________
(YOUR NAME)
(YOUR STREET ADDRESS)
(YOUR CITY/STATE/ZIP)
(YOUR PHONE NUMBER)
Appellant, In Propria Persona

Original filed with the
Clerk of this Court, along
with any fees required by the clerk,
and copies mailed/delivered on
this date (DATE OF FILING/MAILING) to:

(NAME AND ADDRESS OF OTHER PARTY OR ATTORNEY FOR OTHER PARTY)
(NAME AND ADDRESS OF JUDGE WHO SIGNED THE JUDGMENT APPEALED FROM)
(OTHER PARTIES WHO RECEIVED COPIES IN THIS CASE)


INSTRUCTIONS AND PRECAUTIONS FOR USE
OF THE NOLAWYER NOTICE OF APPEAL

1. NEVER assume that a universal document is correct for your state and court; try to determine BEFORE YOU FILE if the above form will be acceptable to the Clerk of your court. It is believed by NOLAWYER to contain the minimum basic elements for the filing of a notice of appeal anywhere, but no guarantees of format, sufficiency or acceptability are made.

2. Find out IMMEDIATELY how many days you have from the date of signing of your Judgment/Decree or other FINAL order to file a Notice of Appeal. In some courts and in some kinds of cases, it can be 10, 20 or 30 days. IF YOU WAIT BEYOND THE APPEAL PERIOD FOR YOUR CASE, YOU HAVE LOST YOUR RIGHT OF APPEAL AND CANNOT FILE THE NOTICE. SPEED IS CRUCIAL!!!!

3. Check with the Clerk of Court as to where the Notice of Appeal and subsequent papers are to be filed. In most instances, the initial Notice of Appeal is filed in the Court that issued the Judgment or Decree that you are appealing, not in the higher appeals court. Later papers may go to the higher court, depending upon procedures in your state. Ask the Clerk to be sure!

4. The Clerk may, instead of accepting this form, require that you use the Clerk's own provided form. Go with the flow. Fill out theirs, if that's what they want. What's important is to FILE A TIMELY NOTICE OF APPEAL TO STOP THE CLOCK FROM RUNNING.

4. You may be required, depending on your state and court rules, to pay various fees or bonds along with the Notice of Appeal. The Clerk should be able to tell you what these are. There may be a simple Appeal Filing Fee. If the judgment you are appealing requires you to pay a sum of money, the filing of the Notice of Appeal alone may not stop the other party's right to collect. A "supersedeas bond" in the amount of the judgment or larger may be required to be posted in order to stop collection or execution ofthe judgment while it is on appeal.

5. To carry through your appeal, be prepared to arrange and pay for, if necessary, the preparation of a complete Court Reporter's Transcript of what was said at your trial, if any, and possibly to pay for the Clerk's photocopy costs required to send the Appeals Court a copy of the file (the papers filed by both sides plus notations or memoranda placed into the file by the Court itself. You may be required to obtain a "docket" or listing of the papers already in your court file, originals or copies of which will be sent up to the higher court. In some instances, you may save a portion of the clerk's photocopying expense by giving the clerk a clearly prepared list of only those docket papers which you wish to have the court of appeals refer to. Safest is to let all the court's docketed papers be transmitted to the higher court.

6. EITHER you will be sent a "briefing schedule" telling when your "Opening Brief" will be due, or your state may have a fixed number of days (usually more than 30) AFTER the Notice of Appeal is filed, in which you must prepare and file your Opening Brief. Beware! Failure to pay fees or to timely file the Opening Brief may result in permanent dismissal of your Appeal. Sometimes a written motion for extension of time will succeed in delaying the briefing schedule, BUT THE NUMBER OF DAYS FOR FILING THE NOTICE OF APPEAL IN MOST CASES CANNOT BE EXTENDED.

If you need assistance in researching and preparing your Appeal Briefs, you may wish to hire an experienced document preparer such as

NOLAWYER, How2 Enterprises
(602) 203 1124 (Phoenix, Arizona)
email: nolawyer@nolawyer.com
Web Page: http://www.nolawyer.com

Lawyer-quality document preparation at NOLAWYER prices.

Checks, Visa, Mastercard, Discover, American Express are accepted
Copies of the foregoing form, "NOTICE OF APPEAL" may be obtained in paper form by emailing or phoning NOLAWYER, or as files usable in a number of popular word-processor formats by Internet anonymous FTP by requesting the following File Transfer:

ftp://ftp.primenet.com/users/n/nolawyer/nappl.exe

The file downloaded to your computer will be found in your browser or ftp download directory. It may be moved to another convenient directory, and the command NAPPL typed. The file will unzip itself into several word-processor version files, including:

NAPPMSW5.DOC Microsft Word for Dos version 5.0 and higher
NAPPMSW6.DOC Microsoft Word for Windows 2.1-6.1
NAPPMSWW. Microsoft Windows Write 3.x
NAPPWP4. Word Perfect for DOS 4.0 and higher
NAPPWP5. Word Perfect for DOS 5.0 and higher
NAPPWP6. Word Perfect for Windows 6.0 and higher
NAPPAMI. Ami Pro 1.x-3.1
NAPPWS33. Wordstar 3.3 and higher
NAPPWS70. Wordstar 7.0
NAPPWSFW. Wordstar for Windows
NAPPMCII. MacWrite II, 1.0-1.1 (extract file on IBM compat)
NAPPMCWR. MacWrite 4.5-5.0 (extract file on IBM compat)
NAPPASC.TXT Ascii Text readable by almost any word processor

You may edit the form with your word processor, or, because it is so simple, you may simply reproduce the form with a typewriter, filling in the appropriate information. Make extra copies to present to the clerk for stamping and/or for delivery or mailing to the Judge and the other parties to the appealed action.

DON'T LET BAD JUDGMENTS/DECREES
BECOME PERMANENT!
APPEAL THEM!!!!!!


HOW2, PO Box 696, Lukeville AZ 85341-0696
(Voice Credit Card Orders: 011 52 638 385 3600)


Self-Representation Educational Videotapes

"Introduction to Courts and Civil Procedure"
HOW2 Represent Yourself in Court Without a Lawyer - Videotape #1

1 1/4 hour VHS -- $19.95 plus $3.20 Priority Mail Postage

"The Appeal Process"
HOW2 Represent Yourself on Appeal Without a Lawyer - Videotape #2

1 3/4 hour VHS -- $19.95 plus $3.20 Priority Mail Postage

"Power and Pitfalls of Federal Court"
What Federal Courts can and cannot do; Deciding to file a Federal action
Videotape #3

1 1/2 hour VHS -- $19.95 plus $3.20 Priority Mail Postage

"Preparing for Trial"
What to expect, and how to prepare for trial
Videotape #4

1 3/4 hour VHS -- $19.95 plus $3.20 Priority Mail Postage

Bob Hirschfeld, JD presented these seminars, which were videotaped, at recent conventions of the National Congress for Fathers and Children (NCFC).
Tape #1 is an excellent introduction to basic procedure, sequence of what happens from filing through motions, discovery, trial, post-trial, with the insights and techniques gained by Bob Hirschfeld in ten years of Domestic Relations practice.
Tape #2 is a practical seminar on Appeals; what can and cannot be appealed, preparations necessary before appeal, the nuts and bolts of the appeal process. Chock full of practical hints, warnings, explanations.
Tape #3 teaches what federal courts can and cannot do; too many pro-se litigants file fatally flawed complaints without first understanding the limitations, immunities, abstention doctrines, and peculiarities of federal Court jurisdiction and capability. This tape helps decide whether or not to use a federal court approach, and helps avoid the basic pitfalls if the decision is to go federal.
Tape#4 is essential for trial preparation; what to expect at trial, tricks from the other side, etc.
All four tapes are useful in representing yourself, and to show to meetings of fathers rights, court reform or pro-se advocates and organizations.


SECURE CREDIT CARD ORDERING ONLINE
Or, you may send a check or money order for $23.15 EACH, made out to "HOW2" Cash sent by mail is at your risk. (Inquire about outside-USA payment/shipment.)
HOW2, PO Box 696, Lukeville AZ 85341-0696
(Voice Credit Card Orders: 011 52 638 385 3600


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