How to Appeal a Final Decision of a Juvenile Court

The process of appealing a final decision of a juvenile court is governed by state laws. These laws vary from state to state, especially with regard to the court that can listen to the appeal. However, the appeals process is generally the same. It entails identifying the appropriate appellate court, notifying the court of your intention to appeal and writing an appellate brief. The appellate brief is a crucial document for the appeals process as it describes your reasons for appealing a final decision and the remedies you are seeking. It is advisable to seek legal advice as you appeal a final decision.

Instructions

    • 1

      File a notice to appeal with the court where your case was heard within 10 to 20 days depending on state laws. Obtain the notice to appeal forms from the court clerk and file them by first indicating in the form that you are making an appeal. State the reason why you are appealing and whether you are appealing the entire decision or part of it. Insert the name of the appellant (the child or parent appealing) and the appellee (the state). Sign and date the form and leave it with the court clerk.

    • 2

      Read and understand the juvenile laws in your state to assist you in identifying any legal errors made by the trial judge in his decisions. Consult your local library, state bar, legal aid offices or your local juvenile court website for information on juvenile law. Request the transcript of the court proceedings of this case from the court clerk. Read through the transcript carefully to determine if the court decision was in line with the juvenile law provisions.

    • 3

      Write your appellate brief by first listing the name of the court, its jurisdiction and location, the juvenile case number, the title of the case or the names of the parties involved in the case and the title of the document -- which is a short description of the judgment you are appealing. Indicate the name and addresses of a lawyer if you have one as well as the date of filing the brief.

    • 4

      Create a table of contents in your appellate brief by listing everything that is contained in your brief, including the cases, rules, laws and statues. Indicate at the beginning of the brief why the appellant court has the jurisdiction to listen to your case.

    • 5

      Describe the history of the case and the facts surrounding the case. Explain briefly the case proceedings in the trial court and quote evidence from the transcript and the final court order. Summarize in a brief paragraph the areas you are appealing and wish the court to review. Provide in your argument the specific statutes and laws that prove that the trial judge made a legal error in her judgment.

    • 6

      Write a conclusion indicating to the court how you want the case to be solved and what remedies you require from the case. This may be to lower the punishment or to overrule it altogether.

    • 7

      File the appellate brief with the court clerk in the court to which you are appealing. Attend any oral hearings to verbally support your argument, if the appellate court asks you to do so. Wait for notification about the appeal's hearing date where you will be told of the appellate court's decision.

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