Appellate Program

How to File a Discretionary Review

Dependency and Termination Case

  1. Parents seeking review from an order other than a dependency disposition or termination order must file the following documents:

Order of Indigency 

  • Prepare a Motion for Order of Indigency. [Fillable Form or Standard Form in Word]
  • Prepare a proposed Order of Indigency and have it authorized by a judge. [Fillable Form or Standard Form in Word]
  • File each with the Superior Court Clerk and the Court of Appeals at the time the notice of discretionary review is filed.

 

Notice of Discretionary Review 

  • Prepare a Notice of Discretionary Review.
    1. Fillable Form for Attorney in Word.
    2. Standard Form for Attorney in Word.
    3. Standard Form for ProSe in Word. 
  • Attach a copy of the Order to be reviewed.
  • Attach Proof of Service on all parties.
  • File the Notice of Discretionary Review and attachments with the Superior Court and the Court of Appeals within 30 days after the act of the court that the party wants reviewed.

 

Order the Transcript

  1. Order transcription of relevant hearings immediately after the hearing and have the transcript available for appellate counsel once appointed.
  2. Arrange for the transcripton of the verbatim report of proceedings with the appropriate court reporter or transcriptionist.  
  3. Contact the county clerk and request that the audio be sent to the transcriber with whom you have made arrangements.
  4. Do not file a Statement of Arrangements, Designation of Clerk's Papers or Specific Direction to file.
  5. Appellate counsel will be appointed to prepare the Motion for Discretionary Review, which is due 15 days after appellate counsel has been appointed.
  6. Be prepared to provide the transcript and other information about the case to appellate counsel once appointed.

  

Gather Relevant Documents

  • Gather relevant documents from the court file.
  • Do not file a Designation of Clerk's Papers.
  • When appellate counsel is appointed, forward all relevant documents.

 

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