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Division One Court Appeals

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What is an appeal?

Legal process used to ask a higher court to review a decision of a lower court.

The Court of Appeals Division One reviews the evidence and arguments presented to the Superior Court, Tax Court, Industrial Commission, and certain Department of Economic Security cases.  The judgment of the Superior Court will only be reversed if they find an error of law that was so important that it likely affected at least part (or all) of the outcome of the case.

The following lists the ten most important steps that must be taken to properly file or defend a civil appeal:

  1. Determine when the final judgment was entered by the Clerk of the Superior Court.
  2. Timely file a "Notice of Appeal" from the final judgment.
  3. Decide whether a "Cross-Appeal" is appropriate and, if so, timely file a "Notice of Cross-Appeal".
  4. Order the necessary transcripts of proceedings conducted in the Superior Court
  5. Make satisfactory arrangements for payment.
  6. File and deliver the proper papers.
  7. Request additional transcripts.
  8. Receive a copy of the Index of the Superior Court Clerk.
  9. File a supersedeas bond with the Clerk of the Superior Court to prevent collection of a money judgment while the appeal is being decided by the Court of Appeals.
  10. Get the Court of Appeals briefing schedule and pay all fees and file all briefs on time.