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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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how can i file an appeal, on a child custody case, without

Resolved Question:

how can i file an appeal, on a child custody case, without a lawyer in utah? the judge would not allow me to speak
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
You must file a notice of appeal with the court where the ruling was issued within 10 days of the ruling and provide a copy of the notice to the other party. Next you have 30 days to complete your appeal.

We get these issues over and over again from pro se litigants in cases and I urge you not to try to pursue this without an attorney. The vast majority of the times pro se litigants believe they were treated unfairly by the judge not letting them speak or not letting them introduce evidence, it is not because the judge was against them, but because the litigant was not following the proper rules of court in what they were speaking on or in trying to introduce evidence improperly. Just because you are a party to an action, you do not get to speak as you see fit, you must follow the court rules and rules of evidence and anything said or introduced contrary to those rules can be lawfully ignored by the judge. Thus, if this is what happened, the court of appeals will not even hear your appeal because you do not have lawful grounds.

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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88700
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 10 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
I was folowing proper court room etiquette, & simply asked if I could explain my circumstances. If I could afford an attorney, I would have one. I have appeared in front of this same judge, 6 & 7 years ago for different offenses that I have since outgrown, but it is very apparent, that this judge, who is retiring this year, is bias toward me. I know I can file a modification on the amount,but my original question was,'how do I file an appeal without an attorney in utah?'
Expert:  Law Educator, Esq. replied 5 years ago.
Following proper ettiquite and following the Rules of Civil Procedure on admission of testimony are two different things. You would have to ask to be allowed to testify, not to merely explain your circumstances and you would have to properly present evidence. I understand that if you could have afforded an attorney you would have had one, but the court will treat you exactly the same as it would any attorney.

I did tell you what you need to do to file an appeal. First, file a notice of appeal with the trial court and give a copy to the other party, within 10 days of the ruling. Second, you then have 30 days to complete the appeal by requesting the transcripts from the court to be sent to the appeallate court and preparing your appeal brief citing each error of law made by the judge which you believe entitles you to the appeal.

Your local library should have self help books that will walk you through what the brief should look like for you to follow.

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