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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12249
Experience:  JD, MBA
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I am making a motion for an appeal to a higher court on my

Customer Question

i am making a motion for an appeal to a higher court on my divorce case. Is this a simple motion whereas i only need to ask for the appeal or do i need to provide any details for this appeal. When i called the appeals secretary she had made it sound like all i needed to do was to request it- Thank you - this is for family court in Jefferson county kentucky.
Submitted: 8 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 8 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Unfortunately, appealing a decision is not a simple task. Rather, it can be fairly complicated, and the rules must be adhered to strictly. Accordingly, it's not a simple matter of filing a motion. Instead, there are many steps. My suggestion is that you review this manual: CLICK HERE.

You'll see that you must first file a Notice of Appeal with the Circuit Court. It will define the issues that you are appealing. You can see an example of a Notice of Appeal here: CLICK HERE

You will then see to it that the Circuit Court send the Court of Appeals the Record.

You must then file an Appellate Brief, which is your legal argument. Pay close attention to the rules in the manual, because if they are not adhered to, then you may lose the appeal without a hearing. For example, there are rules with regard to the number of pages, the number of copies, cover pages, etc.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 8 months ago.
the court sent the judgement to the wrong address- as you know i have 30 days to make the appeal- however 10 days of which were squandered due to their incompetence- can i motion to have more time?
Expert:  TJ, Esq. replied 8 months ago.

Hi again. You can certainly ask for more time, but I would not expect the request to be granted. In my opinion it would be a mistake to assume that. Accordingly, I would be sure to file the Notice of Appeal on time.

Expert:  TJ, Esq. replied 8 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.

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