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obert Hirschfeld, JD
Can Write Your Pro-Se Appeal Brief
Phone 011 52 638 382 0214 Email nolawyer@nolawyer.com
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Time is Running! Use this Free Form YOURSELF
before 30 days from date of signed judgment!
APPELLATE RIGHTS
"Take a bite out of Bad Court Decisions"
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NOTICE OF APPEAL FORM
Copy the simple one page form from this screen or ask nolawyer@nolawyer.com
to
email you as a file attachment the self-expanding file "NAPPL.EXE"
containing
this form in many popular word processor formats.
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(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)
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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
011 52 638 382 0214 (Mexico)
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
Free copies of the foregoing form, "NOTICE OF APPEAL" may be obtained in
paper
form by sending a self-addressed envelope with one ounce US postage prepaid
(stamp) to
Robert Hirschfeld, PO Box 696, Lukeville AZ 85341 (SLOW! Don't miss 30 day
deadline!!!), or as files usable in a number of popular word-processor
formats by Internet file transfer requested from nolawyer@nolawyer.com
The file NAPPL.EXE is opened by typing the file's location on your computer
followed by NAPPL. 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 simp
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