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Conflict-Resolution

How to file an appeal

How to File an Appeal

Criminal Case

A criminal defendant seeking an appeal of right must file these documents:

Order of Indigency

  1. For clients previously found indigent, prepare a Motion for Order of Indigency
  2. For clients not previously found indigent, prepare a Motion for Order of Indigency
  3. Prepare a proposed Order of Indigency
  4. File each with the Superior Court Clerk.

Notice of Appeal

  1. Prepare a Notice of Appeal
  2. Attach a copy of the Judgment and Sentence.
  3. Attach Proof of Service on the prosecutor.
  4. File the Notice of Appeal and both attachments with the Superior Court Clerk within 30 days of the entry of the Judgment and Sentence.

The Superior Court Clerk will transmit the Notice of Appeal and Order of Indigency to the Court of Appeals within 14 days of filing. The Court of Appeals will appoint appellate counsel once it receives the Notice and Order of Indigency.

Practice Tip:

Attorneys should take the Motion for Order of Indigency to the sentencing hearing for the clients to sign and file it with the court at that time.

Dependency/ Termination Case

Parents seeking an appeal as of right from (1) a dependency disposition, or (2) an order terminating parental rights must file the following documents:

Order of Indigency

  1. Prepare a Motion for Order of Indigency
  2. Prepare a proposed Order of Indigency
  3. File each with the Superior Court Clerk at the time the notice of appeal is filed.

Notice of Appeal

  1. Prepare a Notice of Appeal
  2. Attach a copy of the Disposition or Termination Order.
  3. Serve all parties and attach Proof of Service.
  4. File the Notice of Appeal and attachment with the Superior Court Clerk within 30 days of the entry of the disposition or order.
  5. File a copy of the Notice of Appeal with the Court of Appeals.
  6. For Division I only: File a Notice of Specific Direction with the Court of Appeals contemporaneously with the Notice of Appeal.

Designation of Clerk’s Papers

  1. Prepare a designation of clerk’s papers designating the entire trial court file.
  2. File with the Superior Court and Court of Appeals at the time the notice of appeal is filed.
  3. Serve all parties and attach Proof of Service

Statement of Arrangements

  1. Arrange for the transcripton of the verbatim report of proceedings with the appropriate court reporter or transcriptionist.
  2. File a Statement of Arrangements with the Superior Court and the Court of Appeals at the time the notice of appeal is filed.
  3. If hearings were recorded without an official court reporter present, use only certified court reporters or transcriptionists from the superior court’s list of authorized transcriptionists (See GR 35).
  4. Serve on all parties and court reporters and file a copy of the Statement of Arrangements with proof of service in the Court of Appeals.

All documents should be filed at the same time as the notice of appeal.

Practice Tips:

  • Indicate in the Statement of Arrangements that appellate counsel will be appointed by the Court of Appeals and that the Report of Proceedings should be sent to appellate counsel (NOT trial counsel) who will be appointed by the Court of Appeals.
  • Use initials in place of names for parents and children in all Court of Appeals filings.
  • For fastest processing, upload the Notice of Appeal with attached order being appealed, Designation of Clerk’s Papers, and Statement of Arrangements, all with Proof of Service, along with the Motion for Order of Indigency and signed Order of Indigency (and the Notice of Specific Direction in Division I) as a single combined pdf.
  • The Court of Appeals e-filing portal does not have a document type corresponding to the documents you as trial counsel are required to file. Select “affidavit of service” as the document type for your single package of opening documents.

How do I know if I can appeal my case?

You cannot appeal a court’s decision simply because you are unhappy with the outcome; the trial judge must have made a mistake that serves as a “ground” for your appeal. (A “ground” is a legal term that means a cause or basis.) We explain the types of mistakes that might be grounds to file an appeal in the section called What are the typical “grounds for appeal” that judges will consider? Usually, you must also have pointed out that mistake to the trial judge at the time it was made by objecting in court during the trial. This is called “preserving your record.” You can read more about how objections can preserve the record for appeal in What steps do I need to take during the trial to set myself up for possibly being able to appeal if I lose?

  • Yes
  • No

What are the typical “grounds for appeal” that judges will consider?

Although it may vary by state or by the type of case that you are appealing, typically the grounds for an appeal are as follows:

The judge made an error of law
An “error of law” generally means that the judge in your case applied the wrong rule or “legal standard” to the facts of your case. This can occur if a trial court did not follow either the statute or case law in your state that is supposed to apply in your case’s circumstances. For example, in custody cases, a judge must determine what is in the child’s best interests. Most states have laws setting forth certain factors that must be considered, typically called “best interests factors.” If one of those factors is whether or not a parent committed domestic violence but the trial judge ignores domestic violence evidence in making the custody determination, you may have grounds to appeal based on an error of law.

An error of law is the strongest type of ground for appeal because the appellate court reviewing the case does not have to give any weight to what the trial court judge did. The appellate court will look at the law that was supposed to be applied and decide whether or not the trial court judge made a mistake.

The judge made an error regarding the facts
Generally, a judge’s ruling in the trial court must be based on the facts that are proven at trial. In most cases involving domestic violence and family law, there is no jury and the judge serves as the “fact finder.” As fact finder, the judge must consider the evidence and decide whether or not a certain fact has been proven. Because the trial judge has the opportunity to directly observe the evidence through witness testimony and documents, photos, etc., most appellate courts will very rarely second guess a judge’s factual findings. Therefore, a trial judge’s factual error is the most difficult to establish on appeal. Appellate courts will generally not overturn a factual finding unless it is clearly wrong (“erroneous”) and the record leaves absolutely no question that the judge was wrong.

The judge “abused his/her discretion”
A trial judge has a great deal of power to make decisions in a case, with the exception of decisions that are strictly about applying the law. Examples of this broad power, known as “judicial discretion,” include what evidence to admit during the trial, whether to grant a motion or request made by a party, and whether to grant a protection order or approve a proposed settlement agreement. Appellate courts respect the trial court judges’ discretionary power because they recognize that trial judges are in the best position to make these decisions. In general, an appeals court will go along with (“defer to”) a trial court judge’s decisions that are within the judge’s discretion.

Most types of errors will fall into this category of judicial discretion and they are very difficult to win on appeal, although not quite as difficult as in the case of factual errors. If a judge makes an error when using this discretion, it will not be a sufficient ground for appeal unless you can show that the judge “abused” this discretion. In “abuse of discretion” cases, the error is obvious because, for example, the evidence introduced at trial clearly does not support the judge’s decision or the judge’s decision was completely unreasonable. For example, let’s say in a custody case, when weighing the required factors to determine what is in the child’s best interests, the judge applies a lot of weight to the fact that the other party’s home has one more bedroom than yours, but applies very little weight to the fact that the other party has committed domestic violence and has a substance abuse problem.

All documents presented for filing with the Clerk’s Office must comply with the Federal Rules of Appellate Procedure, the Local Rules of the Ninth Circuit Court of Appeals, and the Local Rules of this Court.

CM/ECF Users

A Notice of Appeal (form A-02) filed by counsel must be electronically filed and must include a representation statement pursuant to Ninth Circuit Rule 3-2.

The fee to file an appeal to the Ninth Circuit Court of Appeals is $505.00 for civil and criminal cases. If you electronically file a Notice of Appeal, you may pay online with a credit card at the time of filing. Major credit cards (MasterCard/Visa, Discover, American Express) are accepted. You may also provide payment in the form of a cashier’s check, certified bank check, business or corporate check, or money order drawn on a major American bank or the United States Postal Service, and made payable to Clerk, U.S. District Court. No personal checks or checks drawn on non-business accounts will be accepted from either an attorney or a member of the public.

Transcript designations filed by counsel must be electronically filed, using Form G-126, Transcript Designation Form. For information on how to designate transcripts for the record on appeal, please refer to Ninth Circuit Rule 10-3. For instructions on how to order transcripts, see Court Reporter/Recorder Transcripts.

Pro Se (Self-Represented) Litigants

A Notice of Appeal (form A-02) filed by a pro se (self-represented) litigant may be manually filed at any Divisional Office. The locations of the Divisional Offices are:

Western Division: Edward R. Roybal Federal Building & Courthouse, 255 E. Temple Street, Suite 180, Los Angeles, CA 90012
Southern Division: Ronald Reagan Federal Building and U.S. Courthouse, 411 W. 4th Street, Rm. 1035, Santa Ana, CA 92701
Eastern Division: George E. Brown, Jr. and United States Courthouse, 3470 Twelfth Street, Riverside, CA 92501

A copy of the judgment or order being appealed and the proof of service must be attached to the Notice of Appeal. Pursuant to Local Civil Rule 11-4.1.2, the appeal package must include the original and one copy, both blue-backed. You may provide an additional copy to be conformed.

When mailing the Notice of Appeal, submit the original and two copies of the Notice of Appeal and a self-addressed, stamped envelope for the return of the conformed copy.

The filing fee for an appeal to the Ninth Circuit Court of Appeals is $505.00 for civil and criminal cases. No personal checks or checks drawn on non-business accounts will be accepted from either an attorney or a member of the public. Payment may be in the form of a cashier’s check, certified bank check, business or corporate check, or money order drawn on a major American bank or the United States Postal Service, and made payable to Clerk, U.S. District Court. Major credit cards (MasterCard/Visa, Discover, American Express) are also accepted. To request a fee waiver, please complete a Motion and Affidavit for Leave to Appeal in Forma Pauperis (form A-18).

Transcript designations (please use Form G-126, Transcript Designation Form) may be manually filed at any Divisional Office. The locations of the Divisional Offices are:

Western Division: Edward R. Roybal Federal Building & Courthouse, 255 E. Temple Street, Suite 180, Los Angeles, CA 90012
Southern Division: Ronald Reagan Federal Building and U.S. Courthouse, 411 W. 4th Street, Rm. 1035, Santa Ana, CA 92701
Eastern Division: George E. Brown, Jr. and United States Courthouse, 3470 Twelfth Street, Riverside, CA 92501

For information on how to designate transcripts for the record on appeal, please refer to Ninth Circuit 10-3. For instructions on how to order transcripts, see Court Reporter/Recorder Transcripts.

If you cannot access the Court’s website in order to obtain any of the above-mentioned forms, please call 213-894-3570 and leave a detailed message including your name and mailing address. The requested forms will be mailed to you within 24 to 48 hours.

Determinations are made in different sections of the Division of Employment Security. Each determination has an address and instructions for filing an appeal. You must file your appeal at the address and according to the instructions included in the determination (04 N.C. Admin. Code 24C .0202). You can find a listing of addresses and contact information for the various DES work units in 04 N.C. Admin. Code 24A .0104.

The best and fastest way to appeal is by using the DES online benefits system, available by signing into your account on our website at des.nc.gov. After you file an appeal, DES will schedule a hearing on your appeal. A notice of hearing containing the date, time and contact information for the designated appeals referee will be sent to you. (04 N.C. Admin. Code 24C .0204).

Not every action by the Division of Employment Security that you disagree with can be appealed. Only determinations with appeal rights attached can be appealed. You cannot appeal “pending” issues or claims that have been declared monetarily ineligible. Sending an appeal on an issue that cannot be appealed can delay resolution of your issue or claim.

Things that cannot be appealed include:

  • Pending issues
  • Incomplete or pending claims
  • Monetary determinations, including “monetarily ineligible” claim status
  • Wage protests
  • Weekly benefit amounts
  • Excessive earnings/wages preventing benefit payment
  • Weekly certifications
  • Claim effective dates, requests to back-date a claim
  • Waiting week waivers

These issues can be addressed by contacting the Customer Call Center or the Employer Call Center.

Levels of Appeal

Appeals Section / Appeals Referee Hearings

The Appeals Section of DES, or the Appellate Section, conducts quasi-judicial evidentiary hearings on contested claims for unemployment insurance benefits. Appeals hearings before the Appeals Section are conducted by appeals referees who preside over hearings and issue decisions that contain findings of fact and conclusions of law. Most appeals to initial agency determinations are heard by the Appeals Section, and most of those are determinations by Adjudication regarding unemployment insurance claims. Appeals referees also conduct hearings on appeals to overpayments, denials of employer requests for noncharging, claim withdrawals and other special programs.

Not every action by the division that you disagree with can be appealed. Only determinations with appeal rights attached can be appealed. You cannot appeal “pending” issues or claims that have been declared monetarily ineligible. Sending an appeal on an issue that cannot be appealed can delay resolution of your issue or claim.

FILING AN APPEAL TO THE APPEALS SECTION (Appealing an initial Adjudicator’s Determination):

The best and fastest way to file an initial appeal is by using the DES online benefits system, available by signing into your account on our website at des.nc.gov. You can appeal issues from the ‘Determination History’ while signed into your account. You can also fax appeals to 919-857-1296 or email them to [email protected] Note that due to the volume of emails being received, it will take several weeks or longer for your email to be reviewed. You should not submit claims or general questions to the Appeals email box, as those messages are only reviewed to determine if they are valid appeals.

The final option for filing appeals is by postal mail, to DES Appeals, P.O. Box 27967, Raleigh, NC 27611-7967. Note that appeals sent by email, fax or postal mail will take longer to process, so please allow several weeks or longer for your appeal to be reviewed and scheduled.

Verbal/oral appeals are not valid and will not be accepted.

If you have questions regarding the appeals process you can contact the Customer Call Center or Employer Call Center. The Appeals Section and Appeals Referees are not able to provide you legal advice on whether you should file an appeal.

General questions about unemployment insurance and claims, including federal programs and extensions under the CARES Act such as PUA, PEUC and FPUC, should be addressed to the Customer Call Center or Employer Call Center.

WHAT MUST MY APPEAL CONTAIN?

An initial, first level appeal must:

  1. Be in writing. An electronic or online written statement is sufficient.
  2. State that you appeal or disagree with the determination or ruling.
  3. State the Issue ID number or Docket number that you are appealing.
  4. State your full name, and, if you are with an employer, your title.
  5. State your contact information, including your phone number(s) and email addresses.

You may also include a detailed statement of why you are appealing for the appeals referee to review, along with any evidence you would like considered as part of your appeals hearing. No particular form is required is required for initial appeals.

WHAT IF I HAVE QUESTIONS ABOUT AN APPEAL I FILED?

If your appeal has been scheduled, please contact the appeals referee assigned to your case, as indicated on the Notice of Hearing or Order for Continuance. Note that you should also be able to see your appeals notices in the ‘My Documents’ section of the DES website, des.nc.gov.

WHEN WILL MY APPEAL BE SCHEDULED?

By law, appeals are scheduled for hearing in the order they are received. Due to the surge in claims and appeals related to the COVID-19, it is taking longer than usual to schedule appeals hearings. Currently, appeals hearings are being scheduled two to three months from the date we receive your appeal.

If you submit a Right-to-Know request to a state or local agency in Pennsylvania and your request is denied, you can file an appeal with the Office of Open Records. There is no fee, and you do not need an attorney.

All appeals must be made in writing and must be submitted to the Office of Open Records within 15 business days from the mailing date of the Agency’s response or the date that the request was deemed denied. If that timeframe expires before you provide the required information to the OOR, you lose your right to appeal and may need to file a new RTK request with the Agency.

The Best Way to Submit an Appeal to the OOR

The simplest and best way to prepare an appeal is to use the online version of the official OOR Appeal Form.

The OOR Appeal Form can be used to appeal full denials, partial denials, and deemed denials (i.e., when the agency doesn’t respond by the deadline), as well as to appeal any fees being charged by the agency.

To file an appeal under the Right-to-Know Law, a requester must provide all of the following:

  • A copy of the RTK request.
  • A copy of the Agency’s response (or a notation that the request was “deemed denied,” meaning the Agency didn’t respond at all).
  • A written statement explaining the grounds on which the requester asserts that the record is a public record.
  • A written statement addressing any grounds stated by the agency for denying the request.

Using the online version of the official OOR Appeal Form will walk you through the process, step by step.

Alternative Ways to Submit an Appeal to the OOR

The OOR strongly recommends that appeals be submitted through the online version of the official OOR Appeal Form.

If that’s not possible, the OOR also accepts appeals via email, fax, postal mail, and in-person submission.

Appeals submitted via email should be attached as a Microsoft Word (.doc or .docx) or PDF file.

Email Attachment Formats: Appeals filed via email may include PDF, Microsoft Word (doc, docx, or rtf), Microsoft Excel (xls or xlsx), and image file (jpg, png, gif, or tiff) attachments. If an appeal to be filed via email includes an attachment of any other format, call the Office of Open Records (717-346-9903) before sending it. Any other formats may be rejected by Commonwealth servers.

Email Attachment Filesize: If an appeal to be filed via e-mail includes an attachment exceeding 4MB, call the Office of Open Records (717-346-9903) before sending it. Attachments exceeding 4MB may be rejected by Commonwealth servers.

Appeals may also be submitted via fax (717-425-5343) or postal mail:

Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234

In-person submissions are accepted at the Office of Open Records, 333 Market Street, 16th Floor, Harrisburg, PA, during normal business hours.

The deadline for an appeal submitted electronically (email or fax) is 11:59:59 p.m. on the 15th business day from the mailing date of the Agency’s response or the date that the request was deemed denied. For in-person submissions and submissions via postal mail, the deadline is 5:00 p.m. on the 15th business day.

About Appeals of “Deemed Denied” Requests

When an agency does not respond to you in writing within five business days of your written RTK request, the request is considered to be “deemed denied.” If an agency did not respond, please indicate this when you file an appeal.

What Happens After You File an Appeal

When the Office of Open Records receives an appeal, a docket number is assigned, an Appeals Officer is assigned, and both the requester and the agency are sent a letter containing important information about the appeal process.

A binding Final Determination will be issued pursuant to the timeline required by the RTKL. In most cases, that means within 30 calendar days.

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Division of Unemployment Insurance

Your right to appeal

How to file an appeal

When we determine whether or not your claim is approved, we will mail you a determination letter. If you disagree, you have the right to file an appeal. Your appeal rights are printed on every determination we send.

How to file an appeal

A determination becomes final unless a written appeal is filed within seven calendar days after delivery or within ten calendar days after the mailing of the determination. An appeal period can be extended if good cause for late filing is shown. Good cause exists in situations where it can be shown that the delay was due to circumstances beyond your control that could not have been reasonably foreseen or prevented.

You can file your appeal online using our application.

You can also mail your appeal letter to us. It must include your name, Social Security number, telephone number, and address. In addition, give your reasons for disagreeing with the determination and, if you file late, the reason for the delay. Mail your letter to:

New Jersey Department of Labor
Appeal Tribunal
PO Box 907
Trenton, NJ 08625-0907

NOTE: While you are waiting for the appeal hearing, continue to certify for your weekly Unemployment Insurance benefits. This action gives you credit for these weeks pending the results of the hearing. You must also report to any appointments we schedule. Failure to do so may result in the loss of benefits, even if you win your appeal.

Next steps: Register and prepare for a hearing

An Appeal Tribunal hearing will be scheduled and all interested parties will be notified. You will have to register for your hearing in advance. You can do so using our online application. The hearing may be conducted in person or by telephone.

If the reason for the hearing is related to your employment, your employer will be notified of the interview and has the right to participate. You may represent yourself or you may be represented at your own expense by an attorney or a non-attorney. If you require additional time to prepare for the interview, you may request a postponement by providing advance notice. You may request that your employer produce any documents which relate to your eligibility for benefits. You may request that statements be taken from your witnesses who have firsthand knowledge of the case. You or your representative will have the opportunity to question your own witness, present documents and provide a closing statement or summary.

If the reason for the hearing is related to your employment, any questions that you may have for your former employer may be asked of the agency representative who in turn may, at his or her discretion, pose the questions to your former employer.

NOTE: While you are waiting for the appeal hearing, continue to certify for your weekly Unemployment Insurance benefits. This action gives you credit for these weeks pending the results of the hearing. You must also report to any appointments we schedule. Failure to do so may result in the loss of benefits, even if you win your appeal.

After the Appeal Tribunal makes a decision in your case

If the Appeal Tribunal’s decision is not in your favor, you have the right to appeal again to the Board of Review.

If the Appeal Tribunal’s decision is in your favor, the Division of Unemployment Insurance will issue any payments due. The Appeal Tribunal does NOT issue payments. Once the decision is made by the Appeal Tribunal, the case is closed and no further action is taken by the Appeal Tribunal.

Your former employer also has the right to appeal determinations made on your claim that deal with the reason why you are not working and the amount of your benefits. If your employer appeals and the decision is in favor of the employer, you may be required to repay all or part of the Unemployment Insurance benefits that have been paid to you.

An appeal is the action you can take if you disagree with a coverage or payment decision by Medicare or your Medicare plan. For example, you can appeal if Medicare or your plan denies:
• A request for a health care service, supply, item, or drug you think Medicare should cover.
• A request for payment of a health care service, supply, item, or drug you already got.
• A request to change the amount you must pay for a health care service, supply, item, or drug.

You can also appeal:
• If Medicare or your plan stops providing or paying for all or part of a health care service, supply, item, or drug you think you still need.
• An at-risk determination made under a drug management program that limits access to coverage for frequently abused drugs, like opioids and benzodiazepines.

Appeals in Original Medicare

  • If you have Original Medicare, start by looking at your “Medicare Summary Notice” (MSN). You must file your appeal by the date in the MSN. If you missed the deadline for appealing, you may still file an appeal and get a decision if you can show good cause for missing the deadline.
  • Fill out a “Redetermination Request Form [PDF, 100 KB]” and send it to the company that handles claims for Medicare. Their address is listed in the “Appeals Information” section of the MSN.
  • Or, send a written request to company that handles claims for Medicare to the address on the MSN.
  • Include this information in your written request:
    • Your name, address, and the Medicare Number on your Medicare card [JPG].
    • Circle the items and/or services you disagree with on the MSN. Or, list the specific items and/or services for which you’re requesting a redetermination, and the dates of service.
    • An explanation of why you think the items and/or services should be covered.
    • The name of your representative, if you’ve appointed a representative.
    • Any other information that may help your case.

You’ll generally get a decision from the Medicare Administrative Contractor within 60 days after they get your request. If Medicare will cover the item(s) or service(s), it will be listed on your next MSN.

Appeals in a Medicare health plan

  • If you have a Medicare health plan, start the appeal process through your plan. Follow the directions in the plan’s initial denial notice and plan materials.
  • You, your representative , or your doctor must ask for an appeal from your plan within 60 days from the date of the coverage determination . If you miss the deadline, you must provide a reason for filing late.
  • Include this information in your written request:
    • Your name, address, and the Medicare Number on your Medicare card [JPG]
    • The items or services for which you’re requesting a reconsideration, the dates of service, and the reason(s) why you’re appealing.
    • The name of your representative and proof of representation, if you’ve appointed a representative.
    • Any other information that may help your case.
  • If you think your health could be seriously harmed by waiting the standard 14 days for a decision, ask your plan for a fast or “expedited” decision. The plan must give you its decision within 72 hours if it determines, or your doctor tells your plan, that waiting for a standard decision may seriously jeopardize your life, health, or ability to regain maximum function.

How long your plan has to respond to your request depends on the type of request:

  • Expedited (fast) request—72 hours
  • Standard service request—30 calendar days
  • Payment request—60 calendar days

How long your plan has to respond to your request depends on the type of request:

  • Expedited (fast) request—24 hours
  • S tandard service request—72 hours
  • P ayment request—14 calendar days

Appeals in PACE

If you have coverage through

Program Of All-Inclusive Care For The Elderly (Pace)

, your appeal rights are different. The PACE organization will provide you with written information about your appeal rights.

Appeals in a Special Needs Plan

If you have coverage through a

Medicare Special Needs Plan (Snp)

, your plan must tell you in writing how to appeal. After you file an appeal, the plan will review its original decision. If your plan doesn’t decide in your favor, the appeal is reviewed by an independent organization. The independent organization works for Medicare, not for the plan.

​​​​​If you decide to appeal

If you decide to appeal, ask your doctor, health care provider, or supplier for any information that may help your case. See your plan materials, or contact your plan for details about your appeal rights.

Generally, you can find your plan’s contact information on your plan membership card. Or, you can search for your plan’s contact information.

The appeals process has 5 levels. If you disagree with the decision made at any level of the process, you can generally go to the next level. At each level, you’ll get instructions in the decision letter on how to move to the next level of appeal.