The Basics of Arizona Family Law Appellate Process
If your Arizona family law matter has concluded and you are not satisfied with the judgment, you should consult with an experienced Arizona family law attorney to determine whether you have a chance of winning on appeal. It is extremely important that upon receiving the judgment or order that you seek to possibly appeal, that you meet immediately with an attorney. I say this because the appellate process is very time sensitive. If you miss any deadline, you may have waived any possibility for appeal, no matter how strong your issue(s) are.
Whether you plan to seek a new trial or file a motion to reconsider, in order to preserve the possibility for appeal, you MUST file a "Notice of Appeal" in the Superior Court within thirty (30) days from the date of "entry" of the judgment / order. In some situations, an appeal bond will also need to be posted. Again, consult with an attorney first to determine whether your case requires posting of this bond.
After a timely Notice of Appeal has been submitted and you determine that you have an appealable issue or issues, you must next immediately and timely order all relevant transcripts of lower court proceedings. These transcripts must be certified and therefore prepared by a person or company with such designation. Again, for more information on this procedure, it is highly recommended that you contact an experienced Arizona family law attorney.
After the notice of appeal is filed you will need to file several documents with the Superior Court including the "Docketing Statement." This statement will need to demonstrate all possible theory's on appeal and legal basis therefore. After the initial documents are properly received by the Superior Court, you will receive a "Docketing Statement" from the Superior Court highlighting everything that has happened with your case in the lower court.
Finally, you will receive your first notification from the Court of Appeals indicating that a filing fee must be paid by a determined date and also stating the date in which your initial brief must be filed with the Court.
From this point, your appellate case can take many different courses of action and for this matter it is highly recommended that if you do not have an attorney that you hire one. For more information on this or any other Arizona family law matter, contact an experienced attorney or the experienced Arizona appellate attorneys at the Law Firm of Ariano & Reppucci, PLLC.