It is possible to file an appeal on your own, but it is generally a complicated procedure that involves written arguments (briefs) and technical rules of law. It is very hard to do without a lawyer. If you do decide to file an appeal on your own, you may want to talk to a lawyer for advice as you plan your strategy.
To start an appeal of a circuit court order or judgment, you must file a Notice of Appeal. Do this within 30 days after the final judgment, counting weekends and holidays. The Notice of Appeal tells the circuit court and the other parties that you're appealing the circuit court's order.
O In most cases, you must file your Notice of Appeal within 30 days after the trial court enters the final judgment in your case.
You can only appeal if you have proper legal grounds – for example, if you can show that the decision was wrong because of a serious mistake or because the procedure was not followed properly.
Motions are electronically filed (e-file) with the court clerk where your case is being heard and are decided by a judge at a motion hearing. Sometimes, the judge will decide the motion during the motion hearing. Other times, the judge may take the motion “under advisement” and issue a ruling later.
O You must file the Appearance form in the county where the court case is filed. o Make copies of your original Appearance for yourself and each party in the case. o Bring the original Appearance and the copies to the Circuit Clerk at the courthouse. Appearance, and return these copies to you.
A Motion to Dismiss is often filed by the defendant right after the plaintiff serves the defendant with the complaint. Many of the reasons for dismissing a case may be argued only at the beginning of the case before the defendant's answer to the complaint or any other motion.
O You must file the Appearance form in the county where the court case is filed. o Make copies of your original Appearance for yourself and each party in the case. o Bring the original Appearance and the copies to the Circuit Clerk at the courthouse. Appearance, and return these copies to you.
Your motion should say the following things: That you want the default judgment vacated. The date the default was entered. Why you missed the court date (car problems, mistakes about date, time, or location, etc.). Any arguments or defenses you plan to make if the default judgment is thrown out.
The Notice of Motion shall designate the Judge to whom the Motion will be presented for hearing; shall show the title and number of the action, the title of the Motion, the date when the Motion will be presented, the time it will be presented, the courtroom where it will be presented, and the address of the Courthouse ...