Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bhavana Singh   29 December 2021

Appealing in us virginia

The summary judgment was granted in the favor of the defense and I am appealing prose because my lawyer withdrew. It is a civil case on employment retaliation ( I am not appealing for malpractice). I would need to appeal to the United states Court of appleal Fourth Circuit. I will really appreciate if anyone of you who has knowledge of US Virginia legal system could answer my questions:

1) The summary judgment for my civil case (retaliation) was granted on 16 NOV in favor of the defense (which means the deadline for notice of appeal would have been 15 DEC). My lawyer filed a motion to withdraw and in the same motion, he asked for the extension of the deadline for notice of appeal.  The judge allowed the lawyer to withdraw and also said in its order that " time to file a notice of appeal enlarged by 30 days' but did not provide an exact date for the notice of appeal.  Now i have to figure out what is the last day for notice of appeal. This order was on 5 DEC and my original time to file an appeal was expiring on 15 DEC. So the question is whether the 30 day 'enlarged' clock starts from the date of order (5 DEC) when the extension was granted or from the day when the notice of appeal was expiring (15 DEC)?

I need to figure this out because I need time to write the brief and research. 


2) Does the notice of appeal include just one form or the brief should be submitted with the notice of appeal?

3) I want to use the transcriptt ( for court discussion on summary judgment day) in preparation for the brief for appeal. Can I order the transcriptt now and attach it with the brief later, after filing the notice of appeal? If I do so, would I need to order it again within 14 days after filing the notice of appeal? The transcriptt order form asks for the date for notice of appeal. Is it mandatory to put the date of notice of appeal on the transcriptt order form? 


Thank you,
M



Learning

 1 Replies

Real Soul.... (LEGAL)     30 December 2021

Dear it is  advised to hire an advocate to draft and present the appeal, as the scope in appeal is little bit  limited so it should be drafted artistically in suppourt of legal provisions, 

However what trsnapires  from your query is that you want to buy some more time to file an aapeal, it has been already sufficeintly enlarged by 30 days means you were provided 2 months to file an appeal and i think is eanough. you still have time until  - jan 15th  

However if youd esiere more time then you have to file an application before the appealte authrity and justifying the reaosn for  seeking of extra time.  You should apply for certified copies of judgments and documents from court ,

OR you can file ab appeal with whatever materail you have and the after sometime file an amendment application to amend your appeal ; Make a cloumn in your appeal petition that you would seek leave at timeto amend the petition and submit and suppourt the appeal by filing of sppourrting documents.

ADVISED TO HIRE  LAWYER TO BEST SAVE AND PROTECT YOUR RIGHTS, THE RESPONDENTS WOULD BE MORE AT DEAFETING YOU ON ANY OF WEK POINT SO BE CAREFUL..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register