Free Request Appellate Form in PDF

Instructions on Writing Request Appellate

Once you have thoroughly reviewed your Request Appellate Division Intervention form (Form A), understanding every section is crucial to ensure accuracy and completeness. The process involves detailed information about your case, including case title, nature of the suit, appellant information, and a specific description of the appeal. Follow the steps carefully, providing accurate information to avoid delays in your request's processing. Upon submission, your form will be reviewed for compliance with the Appellate Division's requirements. Here's how to fill out the form:

1. Start with the Supreme Court of the State of New York's title at the top, confirming you are in the correct jurisdiction.
2. In the "Case Title" section, write the title exactly as it appears on your legal documents.
3. Under "For Court of Original Instance," mark the date the Notice of Appeal was filed. If applicable, fill in the section for the Appellate Division.
4. Choose the correct "Case Type" that describes your appeal, such as Civil Action, CPLR article 78 Proceeding, and so forth.
5. In the "Nature of Suit" section, check the boxes that best reflect your case's nature, up to five categories.
6. For the "Appeal Paper Appealed From" section, select one that accurately describes the document from which you are appealing.
7. Fill in the court details: Court, County, Date Entered, and the presiding Judge's full name.
8. Specify the "Index No." and mark the stage of your appeal: Interlocutory, Final, or Post-Final.
9. Indicate if there was a trial and whether it was Jury or Non-Jury.
10. If there are any "Prior Unperfected Appeal Information", answer accordingly and provide the Appellate Division Cause Number(s).
11. Detail the "Original Proceeding" section if it was commenced by an Order to Show Cause, Notice of Petition, or Writ of Habeas Corpus, including the Date Filed.
12. If applicable, fill in information about "Proceeding Transferred Pursuant to CPLR 7804(g)" and "CPLR 5704 Review of Ex Parte Order."
13. In the "Description of Appeal, Proceeding or Application and Statement of Issues" section, briefly describe the appeal and list the issues proposed to be raised.
14. "Party Information" requires detailed lists of all parties involved, including their status in the original court and the Appellate Division.
15. Complete the "Attorney Information" section, providing details about the attorneys or firms representing the parties, ensuring to indicate if a litigant represents themselves.
16. If additional space is needed for appeal or party/attorney information, use Forms B and C accordingly.

After completing and double-checking the form for accuracy and completeness, proceed with the submission according to the guidelines provided in § 670.3 of the rules of the Appellate Division, Second Department. Remember to include all required documents listed, ensuring they are in the correct order. This careful preparation ensures your request for appellate division intervention is well presented and duly considered.

What is the purpose of Form A - Request for Appellate Division Intervention - Civil?

Form A is designed to initiate a request for intervention by the Appellate Division in a civil matter. It is used to provide the court with detailed information about a case, including the nature of the suit, the parties involved, and the specific issues that are being appealed or require intervention.

How do I determine the correct case title to use on this form?

The case title should reflect the title as it appears on the summons, notice of petition, or order to show cause that commenced the matter, including any amendments. This ensures the appellate court can accurately identify and reference the case in question.

What types of proceedings can be appealed using this form?

This form accommodates a wide array of appeals and proceedings, including but not limited to CPLR article 78 proceedings, transferred proceedings, civil actions, special proceedings, arbitrations, and original proceedings commenced in the appellate court. Selection of the correct type is crucial for the appropriate handling of the request.

How do I select the correct nature of suit categories?

You should check up to five categories that best reflect the nature of your case from the provided list, which includes administrative review, domestic relations, prisoners' issues, torts, business relationships, contracts, and more. This helps the court understand the context and specifics of the matter at hand.

What information is required about the paper appealed from?

It's necessary to specify the type of paper being appealed, such as a judgment, order, or decree, along with its date and the court details. For appeals, briefly describe the paper, specify the relief requested, and whether the motion was granted or denied. This information aids in clearly identifying the decision being contested.

How should I list the parties and their representation on the form?

Each party involved in the action or proceeding should be listed one line per party, with their status in both the original and appellate court, if applicable. Attorney information, including representation type and contact details, must also be provided for each party. This ensures all parties are properly notified and represented in the appellate process.

What are the guidelines for filing this form for an appeal?

When filing for an appeal, this form should be accompanied by any required additional forms (Form B for additional appeal information and Form C for additional party and attorney information), the notice of appeal or order granting leave to appeal, a copy of the paper(s) appealed from, and a copy of the decision(s) of the court of origin. This comprehensive documentation is essential for the appellate court to thoroughly review and consider the appeal.

Filling out the Request for Appellate Division Intervention form (Form A) can be a complex process. People often make several common mistakes that can impact their appeal process. One major mistake is incorrectly identifying the case title or not using the title exactly as it appears on the original summons, notice of petition, or order to show cause. This precision is crucial for the court to accurately link the appeal to the existing case.

Another significant error is the incorrect selection of the case type or failing to check the appropriate box that corresponds with the nature of the suit. The form clearly categorizes different types of proceedings and actions, and selecting the wrong category can mislead or confuse the proceedings, potentially resulting in delays or a dismissal.

Additionally, individuals often overlook providing complete details in the 'Description of Appeal, Proceeding or Application and Statement of Issues' section. This part of the form is vital for outlining the basis of the appeal and stating the specific issues to be addressed. A vague or incomplete description might not sufficiently inform the court of the appellant's arguments or the legal grounds of the appeal.

Failing to list all relevant parties and their statuses in both the court of original instance and the Appellate Division is another common mistake. It’s important to specify the role of each party (e.g., appellant, respondent) accurately to ensure proper notification and representation in the appellate proceedings.

Incorrect or incomplete attorney information is another frequent error. Whether it is the attorney of record or a pro se representation (representing oneself), the contact details and representation status must be correctly filled. This information is necessary for the court and other parties to communicate effectively throughout the appeal process.

A further pitfall involves neglecting to include or improperly referencing prior unperfected appeals. If there are pending appeals related to the case that have not been perfected, this must be acknowledged, and the appellant must indicate whether they intend to perfect these appeals concurrently.

Finally, a mistake often made is the incorrect or incomplete identification of the paper appealed from, especially where multiple orders or judgments are involved. If the appeal concerns more than one decision or order, the appellant must use Form B for each additional paper and accurately describe each to ensure the appellate court reviews all relevant materials. Forgetting to attach these additional forms for each paper can lead to a critical oversight in the appellate review process.

Filing an appeal involves not just completing the Request for Appellate Division Intervention form but also assembling a comprehensive package of related documents and forms to support your case. These documents each serve a unique role in providing the appellate court with a full understanding of the case, the grounds for the appeal, and the specific issues or errors being appealed. Here is an overview of other forms and documents often used in conjunction with a Request Appellate form.

• Notice of Appeal: This document officially starts the appeal process by notifying the courts and the opposing party that the decision of a lower court will be challenged.
• Appellant's Brief: A critical document where the appellant lays out their arguments, including legal and factual reasons why the appellate court should reverse or modify the lower court's decision.
• Appellee's Brief: The response from the opposing party, defending the lower court's decision or arguing why the appellate court should affirm it.
• Reply Brief: Allows the appellant to address new points raised in the Appellee's Brief, refining their arguments or presenting counterarguments.
• Transcript of Proceedings: The official record of everything said during the lower court proceedings, crucial for the appellate court's review of the case.
• Order Being Appealed: A copy of the final decision or order from the lower court which the appellant is challenging, providing context for the appeal.
• Statement of Facts: A clear, unbiased narrative of the case facts, provided by the appellant, which helps the appellate court understand the background of the dispute.
• Appendix or Record on Appeal: A compilation of all documents from the lower court proceedings relevant to the appeal, including pleadings, motions, orders, and evidence presented.
• Docketing Statement: A form required by some appellate courts that provides basic information about the appeal, such as the parties involved, the nature of the case, and contact information for the attorneys.
• Motion for Extension of Time to File Brief: If an appellant or appellee needs more time to prepare their brief, they must file this motion to request an extension from the court.

Together, these documents form the backbone of the appellate process, each playing a pivotal role in arguing and reviewing the appeal. Understanding the purpose and requirements of each document can help ensure that the appeal proceeds smoothly and efficiently, with the best possible chance for a favorable outcome.

The Notice of Appeal shares similarities with the Request for Appellate form as both function as a formal request to a higher court to review the decision of a lower court. The Notice of Appeal is specifically geared towards the act of challenging the judgment, highlighting the underlying decision it seeks to overturn, similar to how the Request for Appellate form might specify the paper appealed from and the issues for review.

The Petition for Certiorari, common in federal courts, particularly the U.S. Supreme Court, seeks review of a lower court's decision, akin to the Request for Appellate form's purpose in state appellate courts. Both documents serve as a procedural step to escalate a case for higher judicial scrutiny, outlining the case's questions of law and fact that merit review.

The Writ of Habeas Corpus is designed to address issues of unlawful detention, somewhat parallel to the Request for Appellate form's feature allowing for the inclusion of habeas corpus proceedings. While serving distinct legal functions, both forms provide a mechanism for requesting judicial intervention in matters concerning freedoms and rights under specific circumstances.

The Emergency Motion for Stay Pending Appeal is utilized to halt the enforcement of a lower court's decision while an appeal is underway. This document relates to the Request for Appellate form as it may involve procedural steps associated with appealing a case, including instances where immediate relief from a ruling is necessary to prevent irreparable harm during the appeal process.

The Application for Leave to Appeal operates in specific jurisdictions and situations where permission is required to appeal a lower court's decision. This is somewhat similar to the Request for Appellate form that may include filing for appeals that necessitate permission from the appellate court, addressing the procedural aspect of appealing to a higher authority.

The Statement of Issues on Appeal explicitly outlines the legal questions being challenged in an appellate court, a critical component also found in the Request for Appellate form. Both documents necessitate a clear delineation of the case's disputed aspects, guiding the appellate court's review focus.

The Brief in Support of Appeal is a comprehensive document presenting the appellant's arguments, legal foundations, and evidence justifying the appeal. While more detailed, it complements the Request for Appellate form's section describing the appeal and statement of issues, as both aim to convince the appellate court of the need for overturning or reassessing the lower court's decision.

The Memorandum of Law in Support of Motion is typically filed alongside various legal requests to provide detailed legal arguments and precedents backing the motion's claims. Related to the Request for Appellate form, especially when such a form is filed as part of broader legal strategies seeking appellate review, it underscores the appellate process's reliance on substantive legal reasoning to argue for overturning or modifying lower court judgments.

When filling out the Request Appellate form for the Supreme Court of the State of New York Appellate Division: Second Judicial Department, it's important to follow specific guidelines to ensure your appeal is properly considered. Below are five things you should do, followed by five things you shouldn't do during this critical process.

1. Ensure that all required sections of the form are filled out completely, including accurate case title, type of proceeding, nature of suit, and all party information.
2. Check and double-check that the information about the court of original instance (such as date notice of appeal filed, court, county, and judge’s full name) is correct to prevent any processing delays.
3. Clearly specify the issues proposed to be raised on the appeal, ensuring they are succinct yet comprehensive enough for the appellate division to understand the basis of the appeal.
4. Include all relevant documents in the order specified in the instructions – particularly the notice of appeal or order granting leave to appeal, and a copy of the decisions from the lower court.
5. Provide accurate attorney information for each party, indicating whether the attorney is retained, assigned, government, pro se, or pro hac vice.

• Do not leave any required fields blank. Incomplete forms may result in your appeal being delayed or not considered.
• Avoid providing incorrect or misleading information about the appeal, such as incorrect case numbers, parties involved, or attorney information. This can lead to rejection of the appeal.
• Do not submit the form without reviewing the specific sections of the rules (22 NYCRR 670.3) concerning the appeal form’s use to ensure compliance with all requirements.
• Avoid including unnecessary documents or information not pertinent to your appeal. Only the specified documents should be attached to keep the submission concise and relevant.
• Do not disregard the instructions for additional appeal information (Form B) and additional party and/or attorney information (Form C) if your appeal requires more detailed explanations or involves multiple parties.

Understanding the Request Appellate Form can sometimes be complex, owing to common misconceptions surrounding its use and function. Here are nine of the most common misconceptions:

1. Only for Appeals from Final Decisions: Many believe that this form is solely for appealing final decisions. However, it can also be used for interlocutory decisions, various proceedings like CPLR article 78 proceedings, and applications like CPLR 5704 review.

2. Exclusively for Civil Cases: While Form A is specifically designed for civil cases, the Request for Appellate Division Intervention process also accommodates other types of legal matters, such as family law issues and habeas corpus proceedings, through different forms or procedural adaptations.

3. Appellants Need Only Fill in Their Own Information: Both appellants and respondents (or their legal representatives) must fill in their details, including their status in both the original and appellate court levels, to ensure all parties are correctly identified and informed.

4. Limited to Summons Cases: The form requires the title of the case as it appears on the summons, notice of petition, or order to show cause. However, this does not mean it's limited to cases that begin with a summons. It is adaptable to a variety of case commencements, including special and transferred proceedings.

5. Necessitates Original Documents Only: Though original documents are vital, this form, along with accompanying documents, may often be filed as copies, provided they are true and complete.

6. Designed for Lawyer Use Only: While the form—and appellate procedure in general—can be complex, self-represented litigants (Pro Se) are also entitled to use it, though navigating appellate court without legal assistance can be challenging.

7. No Need to Specify the Nature of Suit: Contrary to this belief, the form requires checking categories that best reflect the nature of the case, which could include administrative review, domestic relations, real property issues, and more, allowing for a clearer understanding of the case’s background.

8. Attorney Information Is Optional: The form necessitates the inclusion of attorney information for all parties involved, unless a party is representing themselves. This includes contact information and representation status, ensuring all involved are properly notified and involved in the appellate process.

9. Unperfected Appeals are Irrelevant: The form asks specifically about any unperfected appeals pending in the case, highlighting the importance of disclosing ongoing appellate proceedings that may affect the current request for intervention.

Correcting these misconceptions enhances understanding and efficiency in the appellate process, ensuring that individuals seeking appellate intervention are better equipped to navigate the complexities of the legal system.

Fulfilling and submitting the Request Appellate Division Intervention form requires a clear understanding of its components and their appropriate completion. Here are some key takeaways to guide individuals through this process:

• Accurate Case Title: Ensure that the case title matches the original documentation, including any amendments, to maintain consistency across legal proceedings.
• Correct Classification: Choose the correct case type and nature of the suit by referring to the specific categories listed in the form. This classification influences the review process.
• Detailing the Nature of Appeal: Precisely describe the appealed document and the nature of the appeal. If from an order, indicate whether the motion was granted or denied.
• Clarity on Issues and Amount: Clearly state the issues to be raised and, if applicable, specify the amount awarded in a money judgment. This information is crucial for the appellate review.
• Party Information: Provide comprehensive details of all parties involved, including their status in both the original and appellate courts.
• Attorney Representation: Accurately fill in the attorney information section, including designation for self-representation (Pro Se) if applicable.
• Additional Forms: Utilize Form B for extending appeal information and Form C for more party and attorney details when needed. This ensures all relevant data is included.
• Sequential Submission: Organize the required documents in the order prescribed by the form's instructions to facilitate a smooth review process.
• Adherence to Instructions: Follow the specific guidelines outlined in § 670.3 of the rules for using this form, as it helps in ensuring that the appeal is correctly lodged within the Appellate Division.

Thoroughly reviewing and following these insights can streamline the process of requesting appellate intervention, ultimately assisting in a more efficient and clear presentation of one's case to the Appellate Division of the Supreme Court of the State of New York.