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Filing a Memorandum - Appellee

If an appeal is filed in a case, the other person/business has the right to file a memorandum in response as to why they believe the court made the correct decision.  Not all counties require the appellee to file a Memorandum, but in some counties if a response is not filed the court rules in favor of the appellant. Contact the Superior Court to see what their policies are.

  • A Memorandum must be filed within 30 calendar days from when the appellant filed their Memorandum
  • The Memorandum is filed with the clerk of the lower court (either municipal or justice)
  • Bring two copies and the original to the clerk of the court to be date-stamped - the original and one copy go to the clerk, then one copy is for your records
  • The court will send the Memoranda to the Superior Court and the appellant
  • Include
    • The Facts: a short statement of the facts of your case.  References to the Record on Appeal should support your factual statements.
    • Your Argument: a short statement explaining why you believe the ruling of the lower court to be correct.  Include references to court rules, state statutes, and case law.
    • Your Conclusion: a summarizing statement clarifying what you want the Superior Court to do.
  • You cannot introduce new evidence
  • If you wish to appear and make a statement to the Superior Court, you have to state "Oral Argument Requested" in the caption on the first page
  • The appellant does not have the right to reply to your Memorandum.  They are able to file a motion requesting permission to file a reply if they feel you are misrepresenting your case.

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