How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alexia Esq. Your Own Question
Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13326
Experience:  19 Years of Legal Practice Experience in this precise field.
10805288
Type Your Legal Question Here...
Alexia Esq. is online now
A new question is answered every 9 seconds

For Alexia, but of anybody else wants to input its okay. It

This answer was rated:

For Alexia, but of anybody else wants to input it's okay.

It showed up on my case history today that the Court denied my Motion for New Trial. As you explained, I couldn’t succeed because Tx Muni new trial motions must be file within 5 days. My motion was filed within 10 days to perfect my appeals rights. However, I’m surprised because, I asked for hearing, but the Court denied my motion without one. As I understand it, my next step is to file a notice of appeal. I don’t know what the form of “Notice of Appeal” looks like so it you can recommend a link or something, I’d appreciate it.

BizAttorney :

Good evening! I can help you out with your legal question tonight. Are you in TX? Is this a Texas case?

BizAttorney :

Here is a link to the civil Notice of Appeal http://pdf.legalformsfortexas.com/PDFs/Civil/CIVLIT_3610.pdf

BizAttorney :

It is a good template to follow. Was that all you needed? I see you are offline, so just respond and I'll see your response the next time I am on.

Customer:

Dear Sir,


The template was very helpful – Thanks!


Yes, the trial court was a Texas municipal court.


 


I also understand that at the same time I file my notice of appeal, I also need to file a written request with the court clerk to prepare a transcript of my appeal preceding.


 


Is there any special form or structure this request to the clerk needs to follow?


Thanks,


- Eric

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
BizAttorney and 3 other Legal Specialists are ready to help you
Hi, Eric, thanks for asking for me and I'm sorry I was not alerted by anyone that you were looking for my assistance. That is unusual. I never even saw this last night. Perhaps in the future, my name in the header as well as clicking that link/button that holds it may help, because I think then I get an email that you are looking for me. I am glad, however, that you were addressed by one of my colleagues.

That being said - I suggest you consider using a criminal appeals notice form - not a civil form, since you are not in the civil court system.

While I have been unable to locate a form specific to appeals from the Municipal Court of the City of Austin, here are a couple you can tailor by putting in the proper names, titles, etc.

link this one is a Notice of Appeal by the STATE, and it is from the next level up to the even higher level. As you can see, it is "notice" - it is NOT your appeal argument in full at all. That will be in your brief, later.

link and this one is by the Defendant. See how short and sweet it is.

And here is one sample of a form for ordering the Record - I'd present it to the clerk in person possibly (once you format to your case), to ensure it covers any record preparation and transcript requirements that may exist in your case, since this is not specific to your municipality.

I am leaving for the night - we are expecting a foot to 2 feet of snow, lol, so I have some work to do! Have a great night.

Sincerely,
Alexia Esq.

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13326
Experience: 19 Years of Legal Practice Experience in this precise field.
Alexia Esq. and 3 other Legal Specialists are ready to help you

Related Legal Questions