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Starting an Appeal

An appeal is started with a Notice of Appeal. A Notice of Appeal is the written paper you file to let the court and the other side know that you are appealing the court’s decision. Your time to file an appeal may be running out. Pay close attention to the calendar.

 

The Deadline for Filing a Notice of Appeal

The deadline for filing an appeal does not start to run unless you are served with a copy of the Order or Judgment with Notice of Entry. If that happens, you only have 30 days to file your Notice of Appeal, 35 days if you are served by mail! See CPLR 5513

In Small Claims or Family Court, the Court may serve you by mail with a copy of the judgment. If this happens, you have 35 days to file your Notice of Appeal. But, if a copy of the judgment is handed to you in Family Court, your time to appeal starts to run right away.

 

The Notice of Appeal

The Notice of Appeal form contains:

  • The name of the case and index or docket number, like it is written at the top of all the court papers
  • Your name
  • The order or judgment you are appealing
  • The date of the order or judgment
  • The name of the court that made the order and entered the judgment
  • The name of the court that you are appealing to

Look for a Notice of Appeal form on the Form’s page. If you can’t find a form, use the court locator box to find the phone number for the court.

Different courts have different rules for filing a Notice of Appeal. Some courts want you to file other forms with the Notice of Appeal, some courts want more copies, and sometimes you must file the Notice of Appeal in the Appellate Court. Use the court locator box to find out the phone number for the court that made the decision that you want to appeal, or visit a Court Help Center. Ask about the rules.

The Notice of Appeal must be served on the other side. This can be done by mail. Then the person who served the papers must fill out an Affidavit of Service. See How Legal Papers are Delivered. Then the Notice of Appeal and the Affidavit of Service must be filed with the court. There is a Court Fee to file a Notice of Appeal. The fee is different for different courts. If you need a Fee Waiver because you can’t pay the court fees, you can ask the court.

 

Next Steps

After the Notice of Appeal is filed, you must Perfect the Appeal so that the Appellate Court can decide the appeal.

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