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excon · Nov 5, 2009, 08:44 AM

Hello K:

The order that the judge handed down granting the judgment, should explain very clearly what your appeal right are. If it doesn't, the clerk of court will explain them.

Hurry. You may only have a week or so.

excon

excon · Nov 5, 2009, 09:10 AM

Hello again, K:

The clerk of court can NOT give you legal advice. They CAN tell you what the appeal procedure is... But, after she tells you that, you can't ask her what you should do... That would require her to give you advice and she can't do that.

But, if you happen to be talking to clerks who don't know their job, that's fine. There's another way to skin this cat.

Go to your local college bookstore. Buy a copy of the "Rules for Civil Procedure", for the particular court you're dealing with. It will tell you exactly how, when and where you file it. It'll also tell you the size the paper necessary, the font you need to use, the margins, and stuff like that...

However, since you're acting pro se (as your own attorney), you don't have to be so exact on the way you write your motion. The TIMING, however, needs to be EXACT. What I would do, is write my motion for appeal in the form of a letter to the judge asking him to accept your letter as a motion. He's not going to turn you down. Send your letter/motion certified, return receipt requested, and send a copy to the prosecutor.

excon

JudyKayTee · Nov 5, 2009, 09:20 AM

I will make a small change in what Excon said - there does not appear to have been a prosecutor in this case. I think it's civil. The copy would go to the Attorney for the "other side."

In the letter I would leave out the "shady Attorney" language and focus on being in one Courtroom and not being able to appear two places at once.

If I am incorrect, please let me know -