Forms For Family Court Appeals Instructions printable pdf download

APPENDIX A

N O T I C E

FORMS FOR

Deadlines apply

You must act quickly

FAMILY COURT

after the family court

enters a final order to

APPEALS

preserve your right to

appeal.

INSTRUCTIONS – Read Carefully

BEFORE YOU APPEAL

1. You can only appeal a final order of a family court judge. A final order is an order that rules on all issues for all

parties in the case. Other orders cannot be appealed.

2. You cannot present any additional evidence or testimony in your appeal. Decisions on appeal are based only

upon what was presented to the family court.

3. If you do not have the necessary funds for fees, transcripts, and other costs, you may request permission to

proceed in forma pauperis , by completing an affidavit of indigency, setting forth information establishing your

inability to pay the costs. You must file this completed form in the circuit clerk’s office.

YOUR APPEAL OPTIONS

You have the right to appeal a family court final order

You may waive your right to appeal to the circuit court

to the circuit court. After the circuit court makes a

and file your appeal directly with the Supreme Court

final decision, you may then appeal the circuit court’s

of Appeals. To do this, both parties must agree in

final decision to the Supreme Court.

writing within 14 days of entry of the family court final

order. A Notice and Waiver (Form 1) is available for

this purpose.

To Appeal to Circuit Court:

To Appeal Directly to the Supreme Court:

(1) File a Petition for Appeal (Form 2), within thirty

(1) To appeal directly to the supreme court, both

days of entry of the family court final order.

parties must agree to do so in writing. Both parties

must file a Notice and Waiver (Form 1) within 14

(2) The Petition for Appeal must be typewritten or

days of entry of the family court final order.

legibly handwritten. You must file the original and

two copies in the circuit clerk’s office where the final

(2) Complete a petition for appeal (Form 2) and file

order was entered. You must sign the petition under

the original and two copies of the petition in the

penalty of perjury, and mail a copy of the petition to

circuit clerk’s office where the final order was

the opposing party.

entered. The petition for appeal must be typewritten

or legibly handwritten. You must sign the petition

under penalty of perjury, and mail a copy of the

petition to the opposing party.

Forms For Family Court Appeals Instructions

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