Appellate Program

How to File a Discretionary Review

Criminal Case

A defendant seeking discretionary review of a non-final trial court order must file the following documents:

Order of Indigency

1. For clients previously found indigent, prepare a   Motion for Order of Indigency
2. For clients not previously found indigent, prepare a   Motion for Order of Indigency
3. Prepare a proposed   Order of Indigency
4. File each with the Superior Court Clerk.

Notice of Discretionary Review

1. Prepare a Notice of Discretionary Review
2. Attach a copy of the Order to be reviewed.
3. Attach Proof of Service on the prosecutor.

File the Notice of Discretionary Review and both attachments with the Superior Court Clerk within 30 days after the act of the trial court that the party wants reviewed.

Practice Tip:

A Motion for Discretionary Reviewwill be due 15 days after the Notice of Discretionary Review has been filed.  The Motion for Discretionary Review sets forth the reasons why review should be granted.  Appellate counsel will not be appointed unless and until the court grants the Motion for Discretionary Reveiw.

If the trial attorney files the Notice of Discretionary Review on behalf of the client, he or she may be considered appellate counsel by the court of appeal for purposes of preparing the Motion for Discretionary Review. 

Dependency and Termination Case

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

Order of Indigency 

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

Notice of Discretionary Review 

1. Prepare a   Notice of Discretionary Review
2. Attach a copy of the Order to be reviewed.
3. Attach Proof of Service on all parties.
4. File the Notice of Discretionary Review and attachments with the Superior Court Clerk within 30 days after the act of the court that the party wants reviewed.

Practice Tips:

• Appellate counsel will be appointed to prepare the Motion for Discretionary Review, which is due 15 days after appellate counsel has been appointed.
• Trial counsel should not file the Statement of Arrangements and Designation of Clerk's Papers with the Notice of Discretionary Review.  Those filings will be completed by appellate counsel.
• Use initials in place of names for parents and children in all Court of Appeals filings.
• File copies of all documents in the Court of Appeals to accelerate the process.