How to Write an Appeal for Juvenile Court
Juvenile courts handle child protection cases and criminal matters wherein a minor is the defendant. In most cases, parents have a right to appeal the decision of the juvenile court after a final order is entered in the matter. After receiving a final order, you will have a limited time to file an appeal. Usually, this is between 20 and 30 days, but it varies by state. Because appellate lawyers can be quite expensive, you might save money by writing the appeal yourself.
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Instructions
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Read the appeals process for your jurisdiction. Every state has different procedures and requirements for an appeal. The legal brief accompanying the appeal often must be formatted in a very specific way, including spacing, citation and cover color requirements. Every jurisdiction will also require that you file a specific number of copies of the paperwork. The number varies between states.
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Request a copy of the juvenile court record and a transcript of the final hearing. You should do this as soon as possible as the transcript will need to be transcribed by the court, which can be a lengthy process depending upon the length of the hearing and the availability of the court secretaries. Once you have reviewed the transcript and the record, you can start writing your legal brief.
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Write the parties names and their roles in the procedure. Since you are filing the appeal, you are the appellant. The state is the appellee.
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Write a statement as to why the appellate court has jurisdiction. Not all courts require this step.
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Write a statement of the issues on appeal. An appeal is not a chance to retry the case before a higher court. The appellate court will use the facts presented to the juvenile court in making its decision. Instead, write what legal issues are presented in appeal.
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Write the statement of the case. You need to write the procedural history of the matter, which courts the case has been in and when. You also need to write a brief statement of the facts of the case. Do not editorialize in this section. State what happened and when in a few paragraphs.
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Write a summary of your argument, if required in your jurisdiction. This is a short explanation of what you are arguing before the court.
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Write the main body of your argument. Use point headings to separate the issues. For each issue in the case tell the court the relevant facts, the legal issues involved, how the juvenile court ruled, why you think the juvenile court ruled incorrectly and how you want the court of appeals to rule. Use citations to statutes and other cases to bolster your argument.
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Write a one paragraph conclusion of your brief.
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Write a table of contents and put it in the front of your brief.
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Write a table of authorities. This is an index of all cases and citations used in your brief. Put this immediately behind the table of contents.
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File your brief with the appellate court following the appropriate procedure in your jurisdiction.
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Tips & Warnings
Appealing a juvenile court's order is very challenging. If you cannot afford an attorney to assist you, the court's may appoint one to you. Contact the clerk of the juvenile court to determine if you are eligible.
