Q: What items are needed for a federal appeal in a civil case under 28 USC 1443?
I am representing myself (pro se) in a civil case where I believe the wrong law was applied concerning the removal deadline from state to federal court. Specifically, 28 USC 1446 was used for a 30-day deadline, but it should have been 28 USC 1443. I filed a Notice of Appeal 8 days ago. What items do I need to prepare for filing a federal appeal in this situation?
A:
First and foremost, an appeal is not a DIY project. Even trained lawyers often defer to other lawyers with appellate experience to handle their appeals.
Second, what you need for your appeal depends on whether you are pursuing an ordinary appeal from a final judgment or an interlocutor appeal from the district court order denying your motion to remand.
You will need to file your notice of appeal citing the correct order and, in the event of an interlocutory appeal, the district court’s certification for interlocutory appeal.
You will need to file the appropriate docketing statement and pay the appropriate fees to the circuit court.
You will need to ensure the clerk of the district court prepares and files the appellate record with the necessary contents for your appeal with the the circuit court and pay the clerk the appropriate fee.
You will need to prepare and electronically file the Brief of Appellant with the clerk of the circuit court in proper form according to the Federal Rules of Appellate Procedure with the contents properly bookmarked. Be sure to cite all facts correctly to the appellate record and all cases in proper form according to the Blue Book and Green Book, as applicable. Do not use AI without carefully researching and verifying all cases in citations as current AI has been known to invent case citations that do not exist—that can lead to the imposition of some pretty sever sanctions.
After the opposing party files its Brief of Appellee, you will need to file your Reply Brief again in proper form with the contents properly bookmarked.
If the circuit court orders oral arguments, you will need to prepare your arguments. My advice is to watch videos of other prior oral arguments on the circuit court website to learn how experienced appellate lawyers present effective arguments.
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