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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111450
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am finishing the brief appeal to the Superior Court in

Customer Question

Hello,I am finishing the brief for my appeal to the Superior Court in Pennsylvania in regards ***** ***** Protection From Abuse Order.I have the below questions.Thank you.LeeWhat do I need to write on my averment that the material I am including by means of flash drive is an accurate and complete representation of the paper version of the filing? Can I just write out the Averment like I would a motion (with a cover pager) and call it an averment, sign and date it? What information do I need to include in the Averment? The instuctions from the Superior Court Office of the Prothonotary states that the flash drive I turn in may be identified with adhesive tags, does that mean they want me to put a sticker on it for identification purposes or something else?What documents need to be included in the reproduced record?
1. All documents listed in the Statement of the Case.
2. All transcripts quoted in the brief
3. The Judges Opinion Regarding Matters Complained of on Appeal
Any Other Documents Needed?
Does there need to be an index of any type for the documents in the reproduced record?
Does Each document need to be marked Exhibit A, Exhibit B, Exhibit C…, where does it need to be marked? Must it be marked in any specific way? For the Bound Copies of the Reproduced Record, does it need to have any kind of tabs marking off where exhibits begin and end?
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to write in the Averment, "I hereby aver and affirm that the contents of this submission, including all attachments, are true and correct representations." An averment is an affidavit, it needs to be signed by you and notarized, but it has the same general format as a motion.
Yes, they want you to put case name and case number ***** your flash drive you are submitting.
It is up to the prothonotary to send the court documents that are in the case file in the court to the appeals court.
It is up to you to send a copy of the transcript and copies of any specific documents you are quoting in the case.
If you are submitting them electronically and you can refer to the documents by docket submission number or you can number them with numbers or letters to identify them. The hard copy documents get a sticker with "A, B, C" or "1, 2, 3" your choice in the corner of the document (same place each document) upper left or right or lower left or right, your choice.
Customer: replied 9 months ago.
Just so I am straight here:I need to include 6 bound and 1 unbound copies of the brief and the Trial Court Judge's Opinion.I assume that a cover sheet must be done for all of the above - is that correct?For the 6 bound copies of the brief, it is OK to have an Office Depot (or the like) bind the copies by means of plastic loop bindings?For the one unbound copy of the brief and the reproduced record, it is OK to use an Acco Steel Wire Biner Clip to hold the sheets together?For the reproduced Record (both bound and unbound) I must have a cover sheet and include all the documents listed in the Statement of the Case, All Transcripts and any other document that was entered in the record at the trial court level and is needed for my appeal?I do not need to include in the reproduced record a copy of the Judge's Opinion or the brief?When I put a sticker on each of the documents that will be included in the reproduced Record, can I simply write on each sticker "Exhibit A, Exhibit B, Exhibit C..." and is it sufficient to only have a sticker on the first page of each exhibit?In the Reproduced Record it is not necessary to have any type of tabs dividing up the various documents, is it?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You are correct with your understanding. You do not need tabs in the brief, although some attorneys will put them in for convenience of the court. You need a cover sheet, yes. The trial court judge's decision should be included in the record, since that is what you are appealing from and you are going to use that as an exhibit, as you are going to cite to that as your errors on appeal.
The sticker goes on the first page of each exhibit.
The unbound copy is unbound, but can use a clip or acco clip to hold it together.
Customer: replied 9 months ago.
When I cite items in my brief that are included in my reproduced record, do I cite it as both what it is and which exhibit it is, ie Tr. 6/8/2015, P. 55, L. 12, Exhibit AorIs it OK to simply cite the item as: Tr. 6/8/2015, P.55, L.12?And when I am quoting multiple lines in a transcript, do I just list the lines as L.12, or must I list the lines as L.12 - L.15?
Expert:  Law Educator, Esq. replied 9 months ago.
you cite it as both what exhibit it is and the location in the transcript. If there are multiple lines then you list multiple lines L.12-15 if it is on multiple pages the P.10-11.
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