Louisiana Motion and Order for Appeal
What is this form?
The Motion and Order for Appeal is a legal document used in criminal cases within Louisiana. This form is filed by the defendant's attorney to request permission from the court to pursue an appeal. It is important because it sets the legal stage for an appeal to a higher court, specifically the Circuit Court of Appeal in Louisiana. This differs from other court forms as it specifically pertains to the appellate process in criminal matters.
Key components of this form
- Case information: Includes the parish, docket number, and the name of the defendant.
- Motion section: A formal request by the defendant's attorney to grant an appeal.
- Order section: Provides the court's approval for the appeal and outlines the return dates.
- Signature lines: Contains spaces for the attorney's signature and contact information, including the Louisiana Bar Roll Number.
- Judge's signature section: Space for the district judge to officially grant the order of appeal.
When to use this document
This form should be used when a defendant in a criminal matter wishes to contest a court ruling by appealing to a higher court. It is typically employed after a verdict or judgment in a lower court that the defendant believes was unjust. Filing this motion is essential for initiating the appeal process within the specified timeframe allowed by law.
Who can use this document
This form is designed for:
- Defendants in criminal cases who wish to appeal a court decision.
- Attorneys representing defendants in criminal matters.
- Legal professionals involved in the appellate process within Louisiana.
Instructions for completing this form
- Identify the parties: Fill in the parish, name of the defendant, and docket number at the top of the form.
- Complete the motion: Clearly state the request for an order of appeal in the designated section.
- Enter the dates: Specify the return date for the appeal in the order section.
- Sign the form: The attorney must sign and date the form, including their Louisiana Bar Roll Number.
- Submit the form: File the completed form with the appropriate court to initiate the appeal process.
Notarization requirements for this form
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
Mistakes to watch out for
- Failing to include accurate case and contact information.
- Missing the deadline for filing the appeal motion.
- Not signing the form or omitting the attorney's Bar Roll Number.
- Using incorrect or outdated legal terminology that may affect the motion's validity.
Why complete this form online
- Convenient access: Download the form anytime, anywhere.
- Editability: Fill out the form and customize it as needed.
- Reliability: Ensure compliance with legal standards specific to Louisiana.
- Time-saving: Speed up the process by avoiding trips to the attorney's office.
Form popularity
FAQ
An appeal is a review of the trial court's application of the law. There is no jury in an appeal, nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court, unless a factual finding is clearly against the weight of the evidence.
Step 1: Hiring an Appellate Attorney (Before Your Appeal) One of the biggest mistakes litigants make is filing their appeal before hiring an appellate attorney. Step 2: Filing the Notice of Appeal. Step 3: Preparing the Record on Appeal. Step 4: Researching and Writing Your Appeal. Step 5: Oral Argument.
Check Company Policy. Know Where to Send Your Letter. Use Business Letter Format. Use a Polite Tone. Admit Any Mistakes. State What You Would Like to Happen. Stick to the Facts. Keep it Brief.
Filing the Notice of Appeal. Abandonment or Settlement. Waiver of Fees. Designating the Record. Civil Case Information Sheet. Briefs. Oral Argument. The Court's Decision.
Log in to your UI Online account. Click View and maintain in the left pane. Click Monetary and issue summary. Select the issue ID and then click Appeal.
Your appeal begins when you file a notice of appeal or a petition for review from a final decision of a district court or agency. It will be assigned a court of appeals docket number by the Court of Appeals Clerk's Office. Any correspondence from you should indicate this number.
All pleadings/motions/requests may be filed with the Appeals Division by mail, fax or email. The Appeals Division fax number is (225) 342-8058, and its email address is dscs.appeals@la.gov.
