Q: I will apply a Notice of Appeal to a judgement in a court trial. The reason is Plaintiff lied during trial.
I want Upper Court to dismiss the judgement againt me, Defendant, because Plaintiff lied that he denied to receive any cash for my debt to him. I have a wittness and judge didn't accept to postpone the trial to call the witness.
In the Notice of Appeal form, I have to explain the reason.
Other (describe and specify code section that authorizes this appeal):
So I'm asking the code section for this appeal.
Thanks
A:
What you need to do is go to your local law library and to find a set of books called the "Rutter guides". Find the guides about "Appeals" and read about what the grounds for an Appeal are. They will have the code sections for the particular grounds that you want to assert. Or hire an attorney to prepare the Notice of Appeal for you. The ground for appeal has to be couched in language relating to an error occurring at the trial that denied you a fair trial, usually this means a legal error by the judge. "The plaintiff lied." is not a legal error and is not grounds for an appeal. What you are really saying is "the judge believed the lying plaintiff and not me." This is an act of judicial discretion. You may have a valid basis for an appeal, but "plaintiff lied." is not it. Consult an attorney that handles appeals, there are very strict time limits, if you miss them you are out.
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