Jump to content

appeal help


Recommended Posts

Thanks for your replies.

I had a judgement against me in a credit card case. Capital One is the named plaintiff, but I suspect that's not correct.

I filed motion for a new trail (denied) and to vacate (denied).

I filed for appeal which was granted but according to Maryland rule 7-113 I need to "file a memorandum in opposition to the decision of the District Court."

you can link to Maryland rule if you google 'Maryland rule 7-113' I'm not allowed to post links here yet.

I don't know the protocol for writing the memo.

I need some kind of template so I can write it correctly.

Thanks again

Link to comment
Share on other sites

What are the grounds for your appeal? "I'm pissed because I lost" is not grounds for an appeal. You have to point out some sort of major deficiency......judicial error, new evidence, etc. If you did not properly object in court to the items you feel are wrong, you'll never prevail. Appeals court is a whole different level. They don't tolerate pro se people who file frivolous appeals, and you better be able to argue your case in front of a panel of very experienced judges. It's also going to cost you a bunch of money. The fact that you were denied twice as you post makes me think you're wasting your time. The fact that they granted you permission to file an appeal does not mean they think you have a good case. It is your right to appeal, your right to pay them, and your right to lose in court and maybe get stuck paying the other side's legal fees.

Link to comment
Share on other sites

thanks for your reply.

are you saying that once in evidence, no matter how many rules are broken, it can't be taken out of evidence?

i was not provided discovery, debt was never authenticated (mandated by Maryland rule 3-306), evidence inadmissable by Maryland rule 3-306 (d)(4) requiring identification of nature of debt including original creditor, defendant's name as is on original account, and last 4 digits of both defendant's SS# and original acct #, evidence inadmissable by Maryland rule 3-306 (d)(6) requiring acct charge off information. In addition, plaintiff never responded to defendant's request for debt validation.

on these forums is an example in Tenn. of evidence being thrown out on appeal

see post: Tennessee Supreme Court of Appeals LVNV Funding

should I just give up?

But really all I need is some kind of form or template with which I can write my memorandum.

Thanks!

Link to comment
Share on other sites

without objecting to everything then you have not preserved the issues for appeal.

It is tough to gage whethwer you have the issues preserved for appeal, but I do know this most states have a 15 day window to file notice of appeal and if you don't not file it on time there is no saving it.

I would be more concerned with deadlines to appeal right now.

I have appealed my case and will be appealing some more so take what I have said to heart.

1. Check the deadlines for filing the appeal(these usually go from when the judgment in the case is filed by the clerk)

2. prepare your notice of appeal which will most likely have to have every single issue on appeal included

3. gather the record on appeal information, if there was a court reporter get a transcript if you can, find out how much the clerks transcript is gonna cost,

4. research the case law because it is your weapon on appeal.

5. get a suit from 3 day suit brokers and like them on facebook for a free tie.

6. tonight write down everything you remember bring said at trial exactly as it was said in transcript format(should have done this immediately after trial) you may need to make a settled statement on appeal.

7. I would post my appellate briefs but I lost my appeal with them and now have to appeal to the court of appeals, so I am reticent about posting them.

8. google appellant's brief your state and you could find an example, the law library in your state has the appellant and respondent brief's for every appeals case look at the ones for the caselaw you would cite.

9. Get all this done within the deadline.

I wish I could help more but I have 12 days to certify my appeal for transfer to the court of appeals. I am sure you can do fine if you are diligent. look up the appeal deadlines.

Link to comment
Share on other sites

Are you saying that once in evidence, no matter how many rules are broken, it can't be taken out of evidence?

No not at all. What he is saying, and I'll say it also because it is the way it works, is that you have to raise the issue at the lower court level.

It's called preserving the issue for appeal. It happens all the time in criminal cases. The judge will dismiss the jury and the attorney for the defense will put their arguments on the record to preserve the appeal. Then the judge brings back in the jury and they pick back up.

It does not happen like that in civil court (well at least for the kind of cases that are mostly around here) but that is the basic ways it's done.

You can raise no new issues for appeal that were not raised at the lower level. For example they get an affidavit into evidence and you said nothing, you can't argue on appeal it should not have been allowed into evidence or it should now be taken out of evidence as you referred to it.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.