Philadelphia, MS asked in Appeals / Appellate Law for Mississippi

Q: How to file a appeal

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2 Lawyer Answers
Charles William Michaels
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Answered

A: First, I am not a MS lawyer. But generally, you file a notice of appeal with the trial court, stating that you would like to appeal the judgment of the trial court to the appropriate appellate court. The form is simple, just the case number and case number, and a brief statement about noticing the appeal. There is usually a fee to note the appeal.

Then, also generally, you have to fill out a form detailing your case, case number, name of the parties, and their counsel (if any), the procedural status of the case, the issues on appeal, etc. That form is filed in the appellate court. (Usually, that form is provided by the clerk of the lower court but perhaps you can get it online.)

Usually, the time to note an appeal is 30 days after the final judgment. That is a strict rule, that is, 31 days won't do it. BUT check the Mississippi Rules, please!

A: You must file a Notice of Appeal in the trial court no later than 30 days from the entry of the final order or judgment. There is a filing fee for filing the Notice. In the Notice, you must indicate the party who is appealing (appellant) and the party against whom the appeal is taken (appellee). It must also identify the Judgment or Order that is being appealed. You will be required to designate to the clerk of the trial court the parts or all of the record that will be required to be prepared by the Clerk for transmission to the appellant court. Within 7 days of filing the Notice of Appeal, you must estimate the cost of preparing the record and deposit that sum with the Clerk's office and file a Certificate of Compliance. Once the court reporter has completed the transcript of the trial proceedings, the transcript will be checked out of the Supreme Court Clerk's Office. You will have 30 days to draft and file an appeal brief.

I know this is a lot of information, but this is a sketch of how is must be done.

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