You are allowed to file an appeal if you think the City Court has judged your civil case without legal considerations. The process is lengthy and intricate, and the assistance of an experienced appeals lawyer is crucial.
An appeal does not automatically make you eligible for another trial. The purpose of the appeal is to examine the minutes of the trial conducted earlier to see if anything was done unlawfully.
Cases in Which there is no Right to Appeal
If your case was decided by an arbitrator or referee (essentially, outside the court), and the jurisdiction to the arbitrator was conferred through mutual agreement between the parties, the case becomes ineligible for appeal.
If you don’t file a notice of appeal within 30 days of the original decision (20 days, in some cases), you lose your right to appeal
The appeal procedure is extremely time-sensitive. You must move quickly in order to get your case reconsidered by the court.
Filing the Appeal – The Process
Here’s the step-by-step process you need to follow in order to file your case for appeal. Consult an appeals lawyer to get assistance through these steps. Federal Appeals may have different rules.
1. The appeal needs to be filed within 30 days of the judgment.
2. You’ll need to submit an undertaking in the form of a bond or a certified check in order to halt the enforcement of the judgment.
3. Alternatively, you can acquire a stay order from the Appellate Term of the Supreme Court in order to halt the enforcement of the judgment.
4. Fill in the “Notice of Appeal” form and create two copies from it. Get one copy served to the opposing party by a process server (someone over the age of 18 and not involved with your case). The second copy will serve as your record for the appeal. The original document is to be filed with the court.
5. Pay the court fees for your appeal and notify the court clerks.
6. In addition to this, you’ll need to apply for the transcript of the minutes of the trial. If a Court Reporter was present during your trial, you’ll need to contact him/her for the transcript. The Court Reporter is legally allowed to charge a fee against the transcript.
7. In case the Court Reporter was not present during your trial, you’ll need to get the audio of your trial transcribed by authorized parties. You’ll need to submit a written request with the court clerk in order to obtain the original transcription of your case.
8. Read through the transcript, address any problems with the content and file your objections/amendments with the opposing party within 15 days of receiving the document.
9. Original copies of all communication between the two parties need to be filed with the court in addition to the Notice of Appeal. If you wish to provide additional supporting documents, you can do so by consulting the court clerk.
10. Once the final decision has been made by the court, it will be mailed to all involved parties on their stated addresses.