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Author Topic: time limit to file an appeal  (Read 4565 times)

tilldeathdouspart

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time limit to file an appeal
« on: Mar 28, 2007, 05:19:17 PM »
Can anyone tell me if there is a time frame in which to file an appeal in a custody and placement case? also how do i go about starting the process and can i do it without an attorney???


Jade

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RE: time limit to file an appeal
« Reply #1 on: Mar 28, 2007, 06:28:03 PM »
>Can anyone tell me if there is a time frame in which to file
>an appeal in a custody and placement case? also how do i go
>about starting the process and can i do it without an
>attorney???

That varies with each state.  In NJ, you have up to 45 days after the decision to appeal when it is a divorce case.  Your county clerk should be able to tell you for sure.

MixedBag

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RE: time limit to file an appeal
« Reply #2 on: Mar 29, 2007, 06:04:40 AM »
each state is different and in my state, the judge actually covered the length of time for an appeal at the end of an order.

Appeals are much more difficult than even the original case.

In a very short nutshell, you have to prove a procedural error in the case or that the case should have gone the other way because in a previous case when the facts were the same it went that way type of thing.

One state, NV, had a test program in place to make it easier on folks to appeal cases to the Supreme Court.

some states it's 15 days, some 30, and like Jade said hers 45.

cinb85

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????
« Reply #3 on: Mar 29, 2007, 12:52:06 PM »
Hi Jade!

Do you live in NJ?

Jade

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RE: ????
« Reply #4 on: Mar 29, 2007, 06:36:33 PM »
>Hi Jade!
>
>Do you live in NJ?
>
Yes.


dipper

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RE: time limit to file an appeal/VA
« Reply #5 on: Apr 01, 2007, 07:24:56 PM »
IN Virginia, you have 10 days from the time the order is signed by the judge.  Virginia is different in that you get a brand new hearing which is moved from J & D court to Circuit court.  You dont have to prove any miscarriage of justice or whatever, you simply go duke it out again in front of a new judge in a new court.....

mistoffolees

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RE: time limit to file an appeal/VA
« Reply #6 on: Apr 01, 2007, 07:45:08 PM »
>IN Virginia, you have 10 days from the time the order is
>signed by the judge.  Virginia is different in that you get a
>brand new hearing which is moved from J & D court to Circuit
>court.  You dont have to prove any miscarriage of justice or
>whatever, you simply go duke it out again in front of a new
>judge in a new court.....

That's kind of strange. What's to stop every person who doesn't like a judgment from filing for appeal?

Mamacass

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RE: time limit to file an appeal/VA
« Reply #7 on: Apr 02, 2007, 05:05:39 PM »

>
>That's kind of strange. What's to stop every person who
>doesn't like a judgment from filing for appeal?

Nothing, as far as I know.  We're in VA and won custody in September.  BM appealed, and we're still waiting for the appeal hearing.  (Its been continued once, and we're in no hurry, so we're just waiting for BM's attorney to reschedule.)  
Between the info we had on BM, and what all came out in court and the attitude BM had for the entire hearing.... she got what she deserved.  What's funny is, the judge stopped the hearing before we could even present our entire case.  So maybe during the appeal we can present more info to show BM as unfit and us as the stable loving healthy household.  
To be honest I actually like the circuit court judges even better than the J&D judge we had.  One is a dad w/ full custody of his own kids, the other is also pretty good in that he will order things that some conventional judges might not (basically he will deviate from standard visitation and include requirements that most judges would just assume that mature adults would work out on their own.)  

cinb85

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Jade: RE: ????
« Reply #8 on: Apr 03, 2007, 08:00:44 AM »
Do you mind me asking what county.  I live in sussex County, but lived in Morris County about 5 years ago.

If you would rather not say, I will understand.

Jade

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Jade: RE: ????
« Reply #9 on: Apr 03, 2007, 04:22:38 PM »
>Do you mind me asking what county.  I live in sussex County,
>but lived in Morris County about 5 years ago.
>
>If you would rather not say, I will understand.
>

I would rather not say.  Nothing against you, I just don't feel comfortable doing so.  


dipper

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RE: time limit to file an appeal/VA
« Reply #10 on: Apr 03, 2007, 07:19:41 PM »
Well, not many people enjoy going to court and paying more lawyer fees and are very deflated once they lose in J & D.  We did not know this is how it worked until last year when dh was looking into appealing because the older, retired judge we had in J & D, simply did not like ss..and he was very biased in our opinions.  SS was 14 and judge said he wasnt giving ss what he wanted.  Told dh he didnt know why he would want him anyway.

When we found out that it would not be a state level appeal, we were just waiting for the signed order to appeal.  Luckily, bm's lawyer would not sign it....first said he never received it, then took weeks....by that time we had more reason to go back..and a type of emergency hearing was scheduled for judge to reconsider since the other order had never been inacted.  

DH got custody that time.  Now that we are under that judge, I am sure all cases will be heard through him...so, if we go back and dont like it...I am sure dh would appeal to circuit.  I have no idea what those judges are like...other than dh has been there for a couple of civil cases and they went well in his favor....

cinb85

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No problem. I totally understand
« Reply #11 on: Apr 04, 2007, 05:54:15 AM »
I was just curious if we live in the same area.

Have a great day!

 

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