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dkennedy
dkennedy, Attorney
Category: Personal Injury Law
Satisfied Customers: 6009
Experience:  Over 15 years experience
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I would like to know when you appeal a case at the 30 day mark.

Resolved Question:

I would like to know when you appeal a case at the 30 day mark. How does the appeal process work, and how long does it take. I received a letter from the court asking me what transcript should be included or not what are my options, and what does that mean?
Submitted: 5 years ago.
Category: Personal Injury Law
Expert:  dkennedy replied 5 years ago.

dkennedy :

Hello,

dkennedy :

I would like to help you with this. Is this a personal injury case where you lost at trial? Are you planning to get an attorney at all?

Customer:

I have tried to seek out an attorney in the past before the case was dismissed. Before I could hire one that was interested my case was dismissed due to a summary judgment based off the admission statements. I was sick at the time under doctor care.

dkennedy :

You have to file a notice of appeal within 30 days of the court order dismissing your case. That is just a one page notice to everyone (the court, the other side) that you are appealing the order.

dkennedy :

I'm assuming you have done this. Then, most people want a printed out transcriipt, which is a word-for-word typed up paper of the court hearings that took place. You use that plus the documents you have received or submitted to tell the appeals court why the judge made a mistake

Customer:

Yes that's what I have done. The Clerk wrote me asking me what transcript do I want to sumbit with the appeal. What does that mean.

dkennedy :

You explain this to the appeal court through a brief that you write, usually. It is difficult for non-lawyers to do this because there are so many rules about doing a brief. But the court is quite lenient with people who do not have a lawyer.

Customer:

Would I be able to ask the court to leave the last transcript out because during that time I was too sick, and under doctors care.

dkennedy :

You mean disregard what happened at the last hearing?

Customer:

Yes exactly.

dkennedy :

What happened at the last hearing it probably the most important thing that affected the judge. But, you don't have to bring it up, but the other side is going to write a brief as well and you can bet that they will go over the entire last hearing telling what happened. and their version is going to be that the judge made the right decision. You probably want to give your side of the story.

Customer:

So I have already submitted my one page notice of appeal right on the 30 day mark. How can explain my side of the story, and would it be wise to ask to leave that part of the transcript out?

dkennedy :

You explain your side of the story by writing a brief, which is a document that tells what the issues were, what happened during the court hearings, and why you think a mistake was made. You usually find other cases like yours that show that what your judge did was incorrect according to the law, or that the judge otherwise made an error in judgment, such as denying you putting on a witness, or things like that.

Customer:

I write the brief, and ask to include all transcripts with an explanation on the brief.

dkennedy :

Exactly.

dkennedy :

the transcripts are important because if you say the judge was wrong about this or that, the appeals court will want to see exactly what was said and done during the court hearings. The only way that they can tell who said what, and so on, is from the transcripts.

Customer:

One more thing. How does the appeal process work. Will I have to go back to court and argue the matter. How long do they take.

dkennedy :

Appeals are almost always done "on paper". Once in a great while, they ask the parties to come to the appeals court in person and you each have a very short time to tell your side of the story. Like 15 minutes. But, they have already read the briefs and transcripts and sort of know what went on.

dkennedy :

You will find the rules about typing up the brief, how soon it has to be sent in, etc. online at the Georgia Rules of Court.

Customer:

Okay dkennedy that information was very helpful, and I aslo like the way you were patient with me. Thanks

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