How to Write a Letter of Appeal
Locate the appropriate appellate court., Read the appellate rules., Find a Notice of Appeal form., Seek a bond., Copy the caption., Insert the title., Compose the body., Insert signature block., Append a Certificate of Service., File the Notice of...
Step-by-Step Guide
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Step 1: Locate the appropriate appellate court.
Every court sits in a hierarchy made up of other courts.
You appeal a court's decision to the court that sits directly above it.
If you do not know which court to appeal to, ask the judge after he has issued his ruling or check with the clerk court.
In the federal court system, district court decisions are appealed to the circuit courts, whose decisions may be appealed to the Supreme Court.In state courts, trial court decisions are generally appealed to intermediate appellate courts, who in turn may be appealed to the state’s Supreme Court.
There are many exceptions.
For example, specialized courts exist at both the state and federal level.
A federal bankruptcy court’s decisions are often appealable to the district court or to a special Bankruptcy Appellate Panel. -
Step 2: Read the appellate rules.
Each court has rules for proper formatting as well as deadlines.
You should get the rules and read them.
Pay close attention to deadlines for filing.
If you miss the deadline, a court will dismiss your appeal.
Deadlines vary by state and court.
In Illinois civil cases, you have 30 days from the date of the final judgment entered into the trial court.In California, you typically have 60 days.But in Pima County, Arizona you only get 14 days.
Because the deadlines can vary, it is critically important to find and read the appellate rules for the court you are appealing to.
Typically, you can find rules on the internet.
Texas, for example, has a PDF you can download, as does Florida. , Many courts have pre-printed forms which you can fill out and file as your Notice of Appeal.
Even if your court does not have a pre-printed form, you can use one as a model for creating your own.
There are many examples on the internet of forms for federal and courts. , If you lost at trial, then the plaintiff can move to enforce its judgment against you even though you have the right to an appeal.
The plaintiff could garnish your wages or put a lien on property.
If you win on appeal, you can get the money back, but the plaintiff may have spent it already or else be insolvent.
The bond prevents the creditor from garnishing assets during the pendency of the appeal.
Unless you can put sufficient cash in escrow, you may have to secure a bond from a third party.To secure a bond at a favorable rate, you should meet with banks you already do business with and discuss getting a bond., The caption is the heading of a legal document.
It lays out the parties, the case number, and the name of the court hearing the case.
Almost every document that you file should have the same caption.
Simply copy this information and format it into a new document.
In some jurisdictions, you will use the name of the court which will hear the appeal instead of the name of the court that heard the trial.
Check with your appellate rules. , Two lines below the bottom of the caption center the words "Notice of Appeal." Make the words bold. , The body of the notice should tell the court what you are appealing.
Include the following information:
Your name and the case you are appealing from (e.g., “I, John Smith, in the above captioned action…”) The court you are appealing to (e.g., “…do appeal to the …” The order you are appealing and the court which issued it (e.g., “…from the judgment entered against me by the on …”) Request for relief: what you want the appellate court to do (e.g., “…and request that the judgment be reversed and the case sent back to the lower court for a new trial.”) , Beneath the body, insert room for your signature.
Underneath the signature line, type your full name, address, and telephone number. , You must serve the other parties in your lawsuit notice that you intend to appeal.
You can do this by sending them copies of your completed Notice of Appeal.
You must certify to the Court that you have notified them.
You can give notice in several ways.
For example, many courts allow for notice by mail.
If you can serve notice by mail, type, "I hereby certify on that I have served a copy of this Notice of Appeal by to the parties at the addresses listed below." Then list the parties, including their addresses, and sign and date the certification.
If you choose to mail, be sure to send by certified mail.
You may also hire a process server to deliver the notice, or deliver it yourself.
In this case, type, "I hereby certify on that the attached Notice of Appeal was delivered by hand to the parties listed at the addresses below.” Then list the parties and their addresses, followed by your signature and the date. , You can hand deliver it to the court.
Typically, you will file the Notice with the court from which you are appealing.
The clerk should direct you to the right court.
If you file in person, be sure to take copies of the Notice and have them time-stamped.
You will keep a copy for your records but also send a stamped copy to the other party. , In most jurisdictions, you must pay a fee for filing a notice of appeal.
Call ahead to ask for the amount as well as acceptable methods of payment.
If you are posting a bond, then take the bond with you.
You can post it at the same time that you file your notice of appeal.
Ask the clerk how. , Put a time-stamped copy of the Notice in an envelope and mail it.
You may also have it served.
Send by certified mail so that you have proof that the Notice was received. -
Step 3: Find a Notice of Appeal form.
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Step 4: Seek a bond.
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Step 5: Copy the caption.
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Step 6: Insert the title.
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Step 7: Compose the body.
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Step 8: Insert signature block.
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Step 9: Append a Certificate of Service.
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Step 10: File the Notice of Appeal.
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Step 11: Pay fees.
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Step 12: Serve the notice on the other parties.
Detailed Guide
Every court sits in a hierarchy made up of other courts.
You appeal a court's decision to the court that sits directly above it.
If you do not know which court to appeal to, ask the judge after he has issued his ruling or check with the clerk court.
In the federal court system, district court decisions are appealed to the circuit courts, whose decisions may be appealed to the Supreme Court.In state courts, trial court decisions are generally appealed to intermediate appellate courts, who in turn may be appealed to the state’s Supreme Court.
There are many exceptions.
For example, specialized courts exist at both the state and federal level.
A federal bankruptcy court’s decisions are often appealable to the district court or to a special Bankruptcy Appellate Panel.
Each court has rules for proper formatting as well as deadlines.
You should get the rules and read them.
Pay close attention to deadlines for filing.
If you miss the deadline, a court will dismiss your appeal.
Deadlines vary by state and court.
In Illinois civil cases, you have 30 days from the date of the final judgment entered into the trial court.In California, you typically have 60 days.But in Pima County, Arizona you only get 14 days.
Because the deadlines can vary, it is critically important to find and read the appellate rules for the court you are appealing to.
Typically, you can find rules on the internet.
Texas, for example, has a PDF you can download, as does Florida. , Many courts have pre-printed forms which you can fill out and file as your Notice of Appeal.
Even if your court does not have a pre-printed form, you can use one as a model for creating your own.
There are many examples on the internet of forms for federal and courts. , If you lost at trial, then the plaintiff can move to enforce its judgment against you even though you have the right to an appeal.
The plaintiff could garnish your wages or put a lien on property.
If you win on appeal, you can get the money back, but the plaintiff may have spent it already or else be insolvent.
The bond prevents the creditor from garnishing assets during the pendency of the appeal.
Unless you can put sufficient cash in escrow, you may have to secure a bond from a third party.To secure a bond at a favorable rate, you should meet with banks you already do business with and discuss getting a bond., The caption is the heading of a legal document.
It lays out the parties, the case number, and the name of the court hearing the case.
Almost every document that you file should have the same caption.
Simply copy this information and format it into a new document.
In some jurisdictions, you will use the name of the court which will hear the appeal instead of the name of the court that heard the trial.
Check with your appellate rules. , Two lines below the bottom of the caption center the words "Notice of Appeal." Make the words bold. , The body of the notice should tell the court what you are appealing.
Include the following information:
Your name and the case you are appealing from (e.g., “I, John Smith, in the above captioned action…”) The court you are appealing to (e.g., “…do appeal to the …” The order you are appealing and the court which issued it (e.g., “…from the judgment entered against me by the on …”) Request for relief: what you want the appellate court to do (e.g., “…and request that the judgment be reversed and the case sent back to the lower court for a new trial.”) , Beneath the body, insert room for your signature.
Underneath the signature line, type your full name, address, and telephone number. , You must serve the other parties in your lawsuit notice that you intend to appeal.
You can do this by sending them copies of your completed Notice of Appeal.
You must certify to the Court that you have notified them.
You can give notice in several ways.
For example, many courts allow for notice by mail.
If you can serve notice by mail, type, "I hereby certify on that I have served a copy of this Notice of Appeal by to the parties at the addresses listed below." Then list the parties, including their addresses, and sign and date the certification.
If you choose to mail, be sure to send by certified mail.
You may also hire a process server to deliver the notice, or deliver it yourself.
In this case, type, "I hereby certify on that the attached Notice of Appeal was delivered by hand to the parties listed at the addresses below.” Then list the parties and their addresses, followed by your signature and the date. , You can hand deliver it to the court.
Typically, you will file the Notice with the court from which you are appealing.
The clerk should direct you to the right court.
If you file in person, be sure to take copies of the Notice and have them time-stamped.
You will keep a copy for your records but also send a stamped copy to the other party. , In most jurisdictions, you must pay a fee for filing a notice of appeal.
Call ahead to ask for the amount as well as acceptable methods of payment.
If you are posting a bond, then take the bond with you.
You can post it at the same time that you file your notice of appeal.
Ask the clerk how. , Put a time-stamped copy of the Notice in an envelope and mail it.
You may also have it served.
Send by certified mail so that you have proof that the Notice was received.
About the Author
Cheryl Rogers
Experienced content creator specializing in organization guides and tutorials.
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