That quote "Nothing Worth Having is Ever Easy" really should not apply to bringing to light injustices that happen to everyday people.
Search Terms - opening an appeal in the us court of appeals first circuit examples
Captioning Cases Guidelines NJ but check your state to see if they even have one. Also, good notes on who to include and not include as you move along.
KISS IT - MEANING KEEP IT SIMPLE STUPID
Your Court's Forms & Instructions are here the example is in the U.S. Court of Appeals for the First Circuit
Their Rules are here and they coordinate with the Federal Rules of Appellate Procedure Here, this one has examples of forms to help you, and must be done with the Federal Rules of Procedure updates here ;
1. Paper Certificate of Service
2. Notice of Appearance
3. Notice of Appeal page 60 starts with examples of the Formates to use in a variety of appeals; it also better defines what should be in each Motion or Notice.
4. Motion and Declaration for Leave to Proceed in Forma Pauperis outline
Affidavit to accompany and support #4 It is important to read each fully, this shows that the 1st Circuit wants you to fill this out supported by a Motion to the same as found in #4.
5. Docketing Statement The docketing statement must be received by the court of appeals clerk's office within fourteen days after the case is docketed to be deemed timely filed.
7. You can do a Motion to Change the Name of your Case, when it is needed. Here the case name changed several times and one would think it should be changed back to the original filing, instead of the name assigned by the Supreme Ct. to a Def. not involved in the case.
What Not To Do? This article has some good points Do it right or don’t do it all. Doing it wrong is worse than not doing it at all. Sometimes even when the trial court gets it wrong there may be nothing to appeal. But procedural errors help make it more appeal-able.
Examples of Opening Brief's
A US Attorney's Brief against a Water Company good for form and headers
Past Attorney for NH Ayotte Brief - privacy regulating 1st amendment etc. good case ref. think she lost
Interesting Communications Brief - electronic breeches or not
Rules of Federal Courts - helpful on set up
Just Not Sure what this is, an example of why it's helpful to check your sources
Brief on Taping Officers Acting in their Official Duties
Brief Cross Appeal
Brief with all the inline with's
Do you need a transcript? This must be filled out and filed. There may be none in your case but you need to identify that.
Motion to file Forma Pauperis, meaning you can't afford the fees; this is just what goes with that Motion, it is an Affidavit meaning you swear the contents are true.
The Brief is done after the Court Accepts your Appeal and this is your check list which the above should mirror.
Continuously updating ... until submitted
Sometimes winning, is not only bringing people to justice; it is making them face the injustices they have done unto another. And making others aware that they are not the only ones wronged.
A version of this column originally appeared in legallyaccessible.blogspot.com.