Appellate Program

How to File an Appeal

Criminal Case

A criminal defendant seeking an appeal of right must file these documents:

Order of Indigency

  1. Prepare a docicon blsmall  Motion for Order of Indigency
  2. Prepare a proposed Order of IndigencyExiting the OPD website.
  3. File each with the Superior Court Clerk.

Notice of Appeal 

  1. Prepare a Notice of AppealExiting the OPD website.
  2. Attach a copy of the Judgment and Sentence.
  3. Attach Proof of Service on the prosecutor.
  4. File the Notice of Appeal and both attachments with the Superior Court Clerk within 30 days of the entry of the Judgment and Sentence.

The Superior Court Clerk will transmit the Notice of Appeal and Order of Indigency to the Court of Appeals within 14 days of filing.  The Court of Appeals will appoint appellate counsel once it receives the Notice and Order of Indigency.  

Practice Tip:

Attorneys should take the Motion for Order of Indigency to the sentencing hearing for the clients to sign and file it with the court at that time.

Dependency/ Termination Case

Parents seeking an appeal as of right from (1) a dependency disposition, or (2) an order terminating parental rights must file the following documents:

Order of Indigency 

  1. Prepare a docicon blsmall  Motion for Order of Indigency
  2. Prepare a proposed docicon blsmall  Order of Indigency
  3. File each with the Superior Court Clerk at the time the notice of appeal is filed.

Notice of Appeal 

  1. Prepare a docicon blsmall  Notice of Appeal
  2. Attach a copy of the Disposition or Termination Order.
  3. Serve all parties and attach Proof of Service.
  4. File the Notice of Appeal and attachment with the Superior Court Clerk within 30 days of the entry of the disposition or order.
  5. File the Notice of Appeal and proof of service with the Court of Appeals at the time the notice is filed in the trial court.
  6. For Division I only: File a docicon blsmall  Notice of Specific Direction with the Court of Appeals contemporaneously with the Notice of Appeal.

Designation of Clerk's Papers 

  1. Prepare a docicon blsmall  designation of clerk's papers designating the entire trial court file.
  2. File with the Superior Court and Court of Appeals at the time the notice of appeal is filed.

 Statement of Arrangements 

  1. Arrange for the transcripton of the verbatim report of proceedings with the appropriate court reporter or transcriptionist.
  2. File a docicon blsmall  Statement of Arrangements with the Superior Court and the Court of Appeals at the time the notice of appeal is filed.
  3. Serve on all parties and court reporters and file proof of service in the Court of Appeals.

All documents should be filed at the same time as the notice of appeal.

Practice Tip:

  • Indicate in the Statement of Arrangements that appellate counsel will be appointed by the Court of Appeals and that the Report of Proceedings should be sent to appellate counsel (NOT trial counsel) who will be appointed by the Court of Appeals.
  • Use initials in place of names for parents and children in all Court of Appeals filings.

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