Had a lawyer in circuit court. Lost bad. Filed an appeal pro se. Record on appeal is due oct 26. Circuit court judge says all the stuff filed notice of appeal, requests for transcripts and record on appeal, application for fee waivers, motions for waiver of transcript and record on appeal prep costs, an amended notice of appeal all of that doesn't count because i had a lawyer at the time. Although the lawyer didn't want to take on the appeal so i filed the appeal pro se. Lawyer has since withdrawn from the case formally in court. Do i need to ask for leave with the circuit court to refile all this stuff or ask the appeals court to get the civil court judge and lawyers to comply with the notice and prepare the record and transcripts. I'm in limbo here. Any free advice on possible next steps. Cannot afford legal advice.
At the end of the day, this is a simple jurisdiction question.
In answering your question, I am going to assume the Notice of Appeal is both ripe and in correct form. I am going to make the same assumption about the Docketing Statement and request for record on appeal.
If all of that is true, the Circuit Court lost jurisdiction of case when the appeal was passed on to the Appellate Court and it really doesn't matter what the Circuit Judge thinks. You tender the money for the transcripts and preparation of the record and if the Circuit Clerk or Circuit Court does not perform, you seek "supervisory relief" from the Appellate Court, the only court with jurisdiction over the matter.
This is some motion practice that requires a good deal of skill and serious gonadatropines. If you want to see this thing through, you may want to retain on a limited basis one of the few lawyers around with experience in Motion Practice before the Appellate Districts.
Every good wish.
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