I am in dissolution proceedings. I have filed notice of appeal for my denial of change of venue. Opposing counsel has been caught communicating ex parte with the court for which he received relief. I have filed a notice of appeal when I was denied change of venue. Do I file an appellate brief or do I need to file a petition for a writ of some sort? What's my time frame for filing after NOH was filed? Pro Se by financial necessity. Thanks.
You have appealed an (appealable) non-final order; that will invoke jurisdiction of the appellate court.
You will have to put together a brief and an appendix ; I think that you need to get assistance in some form. Have you tried Legal Aid? Otherwise, speak with attorneys who may be willing to provide assistance at reasonable rates.
I don't believe that a denial of a motion for change of venue is an appealable order. I'm sure it is not a final order and there are very limited appealable non-final orders. I suspect that your appeal will be dismissed for lack of jurisdiction.
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Pro-se by financial necessity, whatever that means, is not carte blanche for tangling with the litigation system any more than it imbues you with surgical skills to remove your child's appendix and expect anything other than a catastrophe. Based upon your statements and the fact that the other side has an attorney, you need to be VERY VERY WARY about what allegations you make and the legal actions you take as from what you describe you are well on your way to alienating the court and being labelled as the classic disgruntled family law zealot jail house lawyering themselves into oblivion, because "its about the children" and "they have to something!". The damage you can do to your own credibility can be irreversible is every ruling or circumstance is confronted with allegations of a grand conspiracy, regurgitated 30 page motions and repeated improper appeals, which are the foundation for such labels. If you are pro-se it is even MORE important that you oick and choose your fights and win the ones you pick. Otherwise, there will come a time in the future where you will actually be right, but like "the kid who cried wolf!", have your issues fall on ears deafened by the continual roar of prior unsubstantiated accusations and flailing about. That you don't even know the difference between an appellate brief and a petition, simply underscores my point, and that you should re-focus your effort to find the resources to retain an attorney to handle these issues.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
Did you ask for a change in venue or did you ask the judge to recuse himself/herself? As others have indicated, your question indicates you may be, and I don't mean to sound harsh, in way over your head. You should see if you qualify for legal aid, or other pro bono or perhaps reduced fee representation. Do you know that in family cases some fees may be paid by the other side depending on need and ability to pay? You should really work to get representation in this matter.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
Your initial brief is due 15 days after filing the notice of appeal, but that date can be extended if you need more time. You will file with your brief an appendix containing the materials you believe are pertinent from the trial court proceedings, including a transcript of the hearing if you had a court reporter there. No record will be prepared by the clerk in a nonfinal appeal, so you must prepare the appendix.
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