how many days does attorney have to file brief for custody in appeallate

How long does it take to file an appeal brief?

Before the elimination of the “three-day rule” in Rule 26(c), attorneys were accustomed to a period of 17 days within which to file a reply brief, and the committee concluded that shortening the period from 17 days to 14 days could adversely affect the preparation of useful reply briefs.

How long do I have to file the respondent's brief?

The appellant’s initial brief is due within 70 days after filing the notice of appeal. An appellant who needs extra time to file the initial brief should file a motion for an extension of time in the appellate court before the deadline for the brief. Motion practice is discussed in …

What is an initial brief in an appeal?

Briefs: The Clerk's Office will inform you of the time requirements applicable in your case in a briefing letter. In the typical civil appeal, appellant's brief is due 40 days after the record is received by the Clerk. Appellee's brief is due 30 days after appellant's brief is served. The reply brief, if any, is due 21 days after service of appellee's brief.

How long does it take to file an expedited juvenile appeal?

Sep 13, 2013 · 30 days. But the appellate lawyer will most likely work out a stipulation with your ex's appellate attorney for more time for both to file their briefs. When you're dealing with who will have custody of your children it's worth spending the money to hire an appellate attorney experienced in family law cases.

What are the 4 steps in the appeals process?

Step 1: File the Notice of Appeal. ... Step 2: Pay the filing fee. ... Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case. ... Step 4: Order the trial transcripts. ... Step 5: Confirm that the record has been transferred to the appellate court.More items...•Sep 21, 2021

How long does an appeal decision take?

You will be given a decision on your case If there has been an oral hearing, you will get the Appeals Officer's decision within three or four weeks. The Appeals Officer will decide on the appeal and tell you of the decision in writing.Aug 8, 2018

What is a brief for an appeal?

Once the appellate court files the record on appeal, you will have to prepare your brief. A "brief" is a party's written description of the facts in the case, the law that applies, and the party's argument about the issues on appeal. The briefs are the single most important part of the appellate process.

What happens if the appellate court thinks a decision is wrong?

Instead, the appellate court will “remand”, or send, the case back to the trial court for the trial court to actually fix or re-decide the issue. This means that the issue or issues wrongly decided will be re-tried or re-heard by the trial judge based on and within the instructions given by the appellate court.

What is appeal approved?

If you received an 'appeal approved' status from NSFAS, it means you have been provisionally approved for funding and that your funding is pending for final approval.Mar 7, 2022

What does it mean if an appeal is allowed?

In this guidance an “allowed appeal” means an appeal which the Home Office has lost, and “decision” means the decision being appealed.Aug 4, 2020

Who files an appellate brief?

appellantThe party filing the appeal — called the petitioner or appellant, who is attempting to convince the appellate court to overturn the lower court decision — is responsible for submitting [their] brief first.

How long does it take for the appellate court to make a decision?

An appellate court may issue its opinion, or decision, in as little as a month or as long as a year or more. The average time period is 6 months, but there is no time limit.

What does filing a brief mean?

In the United States a brief is a written legal argument that is presented to a court to aid it in reaching a conclusion on the legal issues involved in the case.

What is abuse of discretion standard?

Abuse of discretion is a standard by which appellate courts review certain decisions by lower courts. The standard is used when the appellate court is reviewing a “discretionary” ruling of the lower court judge. For example, administrative agencies are typically given wide discretion in many types of determinations.

How a judge makes a decision?

On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement.

Is a judge's decision final?

In short, it depends. While a final judgment or order does not have to take any particular form, it has been said that “[t]o be final, that is, binding and determinative of litigation, a judgment must do more than indicate the judge's opinion as to the outcome of an action and must be 'rendered.

How to write an appellate brief?

In the statement of the case and the facts section of an appellate brief, the party writing the brief will discuss: 1 the type of case (civil, criminal, etc.), and nature of the appeal (such as an appeal from a final judgment or non-final order, etc.); 2 the procedural history of the case in the lower tribunal, such as what documents, pleadings, or motions were filed and when; what arguments and positions the parties raised the lower tribunal; and what happened in the pre-trial and trial proceedings ;, 3 the evidence that was presented to the lower tribunal at the trial or hearing, such as written documents and/or the testimony of witnesses; and 4 the outcome of the trial, hearing, or other proceeding.

How long is a reply brief in Florida?

The appellant’s reply brief, if any, is due 20 days after the answer brief and responds to the answer brief arguments. The reply brief can be no more than 15 pages long, not counting the pages necessary for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance, and the signature block for the brief’s author.

What is the standard format for briefs in Florida?

Briefs must generally be printed or typed on opaque, white, unglossed paper. The paper size should be 8.5 by 11 inches. The paper should have margins of at least one inch on all sides. The lettering should be black. If a brief is typed on a computer, it must be double-spaced and use Times New Roman 14-point font, or Courier New 12-point font. Any headings or footnotes must be the same font and size as the rest of the brief. Although typed briefs must be double spaced, headings, indented quotations, and footnotes can be single spaced.

How long is an initial brief?

The initial brief is the first brief. It is filed by the appellant who filed the appeal. The appellant’s initial brief is due within 70 days after filing the notice of appeal. An appellant who needs extra time to file the initial brief should file a motion for an extension of time in the appellate court before the deadline for the brief. Motion practice is discussed in Chapter 4 of this Handbook. The initial brief should set out the facts and history of the case in the statement of case and facts section. It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was wrong (i.e., erroneous) and why it should be reversed. The initial brief cannot be longer than 50 pages, not counting the pages used for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance and the signature block for the brief’s author. A party can ask the court for permission to file brief longer than 50 pages, but such motions are rarely granted. And briefs are usually much shorter, often 20 to 30 pages or less.

What should be included in an initial brief?

The initial brief should set out the facts and history of the case in the statement of case and facts section . It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was wrong (i.e., erroneous) and why it should be reversed.

What is the statement of the case and facts?

The statement of the case and facts explains to the appellate court, based only on the documents and evidence that are in the record, what the history and facts of the case are, and what occurred in the lower tribunal. This part of the brief is for facts only, not argument.

What is the argument section of an appeal?

The argument section explains the party’s legal arguments in the appeal and why the decision of the lower tribunal should either be affirmed or reversed. It discusses the relevant statutes and case law, how the law applies to the facts in the case, and the party’s arguments based on the law as applied to the facts. It explains the legal reasons why the order or judgment of the lower tribunal was either correct or incorrect, and what specific result, or “ relief ,” the party wants in the appeal (i.e., what the party wants the appellate court to do). For example, an appellant may ask the appellate court to reverse the final judgment and return, or “ remand ,” the case to the lower tribunal for a new trial, whereas an appellee may ask the appellate court in the answer brief to affirm the final judgment. The argument should be supported by references to legal cases, statutes, and rules that support that appellate party’s argument that the lower tribunal decision was either correct or incorrect.

Herb Fox

My colleagues are correct that the rule states 30 days to file the Respondent's Brief. But that is not the real deadline (nor is September 25 the "real" deadline for your ex!) All parties to California appeals are entitled to a 15 day or more grace period after the "official" deadline, and most appellate lawyers take advantage of this extra time.

Alan James Brinkmeier

Rule 8.212. Service and filing of briefs#N#(a) Time to file#N#(1)An appellant must serve and file its opening brief within:#N#(A)40 days after the record-or the reporter's transcript, after a rule 8.124 election-is filed in the reviewing court; or...

Anthony Allen Roach

A respondent (meaning responding to the appeal, not the respondent in family court) must serve and file their brief within 30 days after the appellant files his opening brief. (Cal. Rules of Court, rule 8.212 (a) (2).)#N#It is also possible to request an extension of time if needed...

Dabney Finch

30 days. But the appellate lawyer will most likely work out a stipulation with your ex's appellate attorney for more time for both to file their briefs. When you're dealing with who will have custody of your children it's worth spending the money to hire an appellate attorney experienced in family law cases.

What is motion practice before the Court of Appeals?

Motion practice before the Court of Appeals is different from similar practice before the circuit court in that the parties do not appear at a set motion hour. It is therefore extremely important that the written motion and objections be carefully prepared to present the parties’ positions. Only in rare cases does the motion panel hear oral presentations on motions. CR 76.34(5).

What is the Kentucky Court of Appeals?

The Court of Appeals Basic Appellate Practice Handbook is an introductory guide to completing the steps in the appellate process as it pertains to the Kentucky Court of Appeals. The handbook provides citations to the rules and explains how to use the rules. It is not designed to be a complete practice manual and is not a substitute for carefully reviewing a current set of the civil rules regarding appeals.

How do parties present their arguments in an appeal?

Parties present their arguments on the merits of an appeal through formal briefs. However, in the course of an appeal it may be necessary to request rulings from the Court on procedural or substantive issues. These may include simple requests for additional time to file a document required by the rules, complex requests for a stay of enforcement of the judgment, or even dismissal of the appeal. These requests are handled through the Court’s motion practice.

Where is the record of appeal retained?

After certification, the record on appeal is retained in the custody of the circuit court clerk so that it is available to the parties for the preparation of their briefs. CR 75.07(7). If counsel is allowed to check out the record, the record must be returned to the circuit court clerk before the filing of counsel’s brief. The parties’ briefs must certify that the record has been returned to the circuit court clerk or that it was not checked out from the circuit court clerk. CR 76.12(6).

Who must serve a copy of a criminal case?

In a criminal case, both the defendant and the attorney general must serve the Commonwealth’s attorney of the district from which the appeal comes. CR 76.12(5).

How many copies of a prehearing statement are required?

In general, five copies are required for documents filed in the Court of Appeals. The major exception is that only one copy of the prehearing statement is required. The number of copies required is set out in the rule governing the particular document and in the list found at CR 76.43.

Do circuit courts record proceedings electronically?

In another effort to reduce the costs and delay in preparing records of court proceedings, most Kentucky circuit courts are equipped to record proceedings electronically. When such a recording system has been installed in a circuit court, the electronic recording is used as the official record of the proceedings for purposes of appeal. CR 98. No transcript of the proceedings is prepared. The circuit court clerk is required to include the electronic recording of any trial. However, if any pretrial or post-trial hearings are needed, the appellant must file a designation listing the dates of any such hearings to be added to the record on appeal.

What is a criminal appeal?

criminal appeal is brought to review a matter arising from a criminal case (which is a case brought by the State in which a crime has been charged). A direct appeal may be filed by a juvenile after disposition in a delinquency case.

What is the purpose of an appeal?

The purpose of an appeal is to review decisions of the trial court or lower tribunal to determine if harmful legal error has occurred. Legal error is harmful if it affects the outcome of the case. Appeals are not trials and are not intended to give a litigant a second opportunity to reargue the facts of his or her case. The appellate court does not serve as a second jury.

Can a judge speak to you?

The Judges and their personal staff cannot speak to you or your attorney about your case unless it is in oral argument. This is to avoid any charges of favoritism or partiality.