Hopkinsville, KY asked in Appeals / Appellate Law and Child Custody for Tennessee

Q: I’m filing a custody appeal, I have 10 days to file. Do I attach my brief with it Or can I file my brief within 30 dayS?

I am pro-Se. I know To file the notice of appeal is within 10 days but getting a brief written up in that short of time is near impossible. That’s why I was asking if the brief had to be attached to the notice of appeal or I had a certain time limit to file the brief. Thank you for your help

1 Lawyer Answer
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Baltimore, MD

A: First, I am not a Tennessee lawyer. That being said, the notice of appeal and the eventual brief are separate documents. And generally, there's 1) the transcripts need to be ordered by you, 2) the record --including the transcripts--have to be forwarded to the appellate court by the trial court clerk, 3) you have to compile the appendix of the relevant pleadings and transcripts, which is filed with the brief, and 4) the appellants brief needs to be filed (and there are several appellate rules of how the appellant composes the brief--CHECK your appellate rules on that). And usually, there is a 30/60 day window for all of those steps. So no, your brief comes later.

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