There are 4 basic ways of appealing a court decision you don’t agree with:
- a Revision (to a Judge);
- a Reconsideration (back to the Judge or Commissioner who just ruled);
- an Appeal (to the Court of Appeals); and
- a CR60 motion (for cases of clerical error, fraud, etc.).
We looked at Revisions and Reconsiderations in previous posts. Now for actual Appeals.
While revisions and reconsiderations are appeals in the sense that they are appealing a decision that the person doesn’t like, a true appeal is generally a formal appeal to the Court of Appeals. Appeals are usually, but not always, made after the final Decree is entered.
The reasons for an appeal are also much narrower than the R&R twins (revisions and reconsiderations) – you have to spell out exactly what legal mistake you believe the lower Court made. Appeals are expensive too. In addition to filing fees, you will also have to order a transcript of the entire trial or hearing. Depending on the length of the proceeding, the official transcpript alone can cost many hundreds or even thousands of dollars.
While revisions and reconsiderations are each governed by the Civil Rules (CRs), Local Civil Rules (LCRs) and Local Family Law Rules (LFLRs), appeals are governed by the Rules of Appellate Procedure (RAPs).
You have exactly 30 days to file for an appeal (and serve the other parties) from the date of the Order or Decree. If you wait 31 days you will be completely out of luck.
REMEMBER – Though I have attempted to craft an accurate article as of the date this is posted, these rules change frequently. This post is for informational purposes only, and should not be relied upon in deciding what steps you should or should not take in your own case. For that, find a good lawyer.
