Blank Request Appellate PDF Template

1. What is Form A - Request for Appellate Division Intervention - Civil?

   Form A is a document used to formally request the intervention of the Appellate Division of the Supreme Court of the State of New York, specifically within the Second Judicial Department. This form initiates the appellate process for civil matters, allowing a party to challenge decisions made in a lower court. It encompasses various types of appeals, including civil actions, special proceedings, CPLR article 78 proceedings, and applications for review under CPLR 5704.

2. Who needs to fill out Form A?

   Form A must be completed by or on behalf of a party seeking to appeal a lower court's decision or seeking appellate review of a civil matter. This includes parties to lawsuits, special proceedings, or other civil actions who are unsatisfied with the outcome at the original instance court.

3. What information is required on Form A?

   The form requires comprehensive details about the case, including the case title, the court of original instance, the type of case, the nature of the suit, and specific details about the appeal or proceeding, such as the appellate cause number of any prior, pending, unperfected appeals. It also asks for a description of the appeal, the amount involved (if applicable), the issues proposed to be raised, and detailed party and attorney information for all involved parties.

4. How do I determine the nature of my case for Form A?

   The form includes a selectable list of categories to best describe the nature of the case, allowing up to five selections. These categories cover a wide range of civil matters, including administrative review, domestic relations, prisoners' rights, torts, real property disputes, contracts, and more. Choose the categories that best reflect your case's primary legal issues.

5. What if there are multiple papers appealed from in my case?

   If your appeal involves multiple papers (e.g., orders, judgments, decisions), you are required to use Form B - Additional Appeal Information, for each additional paper beyond the first that is covered by your notice of appeal. Form B asks for similar details about each paper appealed from, ensuring the appellate court is fully informed about all aspects of the appeal.

6. What is the procedure for filing Form A?

   Once Form A (and any required Form B) is completed, the entire appeal packet must be assembled in a specific order: first, Form A, followed by any Form Bs, then additional party and attorney information forms (Form C), the notice of appeal or order granting leave to appeal, copies of the paper or papers appealed from, and finally, copies of the decision or decisions of the original court. This packet is then submitted to the Appellate Division for processing.

7. Where can I find further instructions on using Form A?

   Detailed instructions on how to complete and use Form A are contained within Section 670.3 of the rules of the Appellate Division, Second Department (22 NYCRR 670.3). These rules provide vital guidance on all aspects of the appellate process, including the correct filing and formatting of documents, ensuring that appeals are properly considered by the court.

When filling out the Request for Appellate Division Intervention form, individuals commonly make several mistakes that can significantly affect the processing of their request. Being aware of these mistakes can help ensure that the form is completed correctly, thereby avoiding unnecessary delays or complications in the appellate process. Here are four common mistakes:

1. Incorrect Case Title: A frequent error is not accurately stating the title of the case as it appears on the initial legal documents such as the summons, notice of petition, or order to show cause. It's crucial to replicate the case title exactly to ensure consistency and accuracy in court records.
2. Choosing the Wrong Case Type or Nature of Suit: Often, individuals incorrectly select the case type or nature of the suit that does not best reflect the specifics of their case. This form lists various options under the Case Type and Nature of Suit sections, and it is essential to carefully review these options to choose those that accurately represent the case’s details.
3. Leaving Fields Incomplete: Another common mistake is leaving sections of the form blank that require information. Missing information can lead to the delay in the processing of the form. It is important to fill out all required fields, especially critical sections like the Description of Appeal, Proceeding or Application, and Statement of Issues. If a section does not apply, it's better to mark it as "N/A" or "Not Applicable" rather than leaving it blank.
4. Inaccurate Party Information: Filling in incorrect information about the parties involved in the case, including names and statuses in both the court of original instance and the Appellate Division, is a mistake that can lead to confusion and errors in the case’s progression. Accurate and complete information must be provided to ensure all parties are correctly identified and informed.

Avoiding these mistakes can contribute significantly to a smoother and more efficient appellate process. Attention to detail and carefully reviewing the instructions provided in § 670.3 of the rules of the court can help in accurately completing the form.

When preparing an appeal to the Appellate Division, additional forms and documents often accompany the Request for Appellate Division Intervention (Form A). These elements are critical for a thorough and comprehensive appellate submission. They ensure that all procedural requirements are met and provide the court with the necessary context and information to review the appeal effectively.

• Notice of Appeal: This is the document that officially initiates the appeal process. It must be filed in the court that issued the original decision being appealed. The Notice of Appeal informs the court and the opposing party or parties that the decision will be challenged at a higher court level.
• Appellate Brief: The appellate brief presents the arguments and legal foundation for the appeal. It outlines the reasons why the appellant believes the lower court's decision was incorrect. The brief includes citations to legal authority, statutes, and previous relevant cases to support the appellant's argument.
• Pre-Argument Statement (Form C): This form provides an overview of the appeal for the appellate court's preliminary review. It includes basic information about the case, the issues to be raised on appeal, and a brief statement of the facts. The Pre-Argument Statement helps the appellate court determine the nature of the appeal and assists in its initial processing.
• Order Granting Leave to Appeal: If the appeal requires permission from the court (in cases where the appeal is not as of right), this document is proof that such permission has been granted. It’s necessary for appeals that are discretionary, meaning the higher court has the choice whether to review the case or not.

Together with the Request for Appellate Division Intervention form, these documents form the backbone of an appellate filing. They provide both the factual and legal basis for the appeal and ensure that the appellate court has all the information necessary to understand and properly review the appellant’s claims. Crafting these documents carefully and accurately is crucial in persuading the appellate court to consider and, ultimately, to rule favorably on the appeal.

• Notice of Appeal: Like the Request for Appellate Division Intervention, this document formally starts the appeal process, specifying the intention to seek review by a higher court. Both documents are critical in the appellate procedure, enabling a party to challenge a lower court's decision.

• Motion for Leave to Appeal: This document is similar because it seeks permission from a court to appeal a decision. While the Request Appellate form initiates the appeal process in certain cases directly, a Motion for Leave to Appeal is often required when the right to appeal is not automatic, making both essential for appellate review under specific conditions.

• Petition for Writ of Certiorari: This petition, typically used to request a higher court to review lower court's decision, shares the objective of appealing a decision with the Request Appellate form. Although used in different courts and circumstances, both documents serve the purpose of seeking judicial review.

• Petition for Writ of Habeas Corpus: Similar in its foundational purpose of challenging legal decisions, this petition, which can appeal to higher courts for unlawful detention, intersects with the Request Appellate form's broader appeal process in its function to question and seek reversal of judicial decisions.

• Application for a Stay: Filed to pause the execution of a lower court's decision pending appeal, this application parallels the Request Appellate form in its interlocutory nature. Both are instrumental in the appellate phase, aiming to manage the effects of court decisions during the review process.

• Interlocutory Appeal: Mirroring the objective to appeal decisions before a case's conclusion, an Interlocutory Appeal resembles the Request Appellate form when it’s used to challenge rulings made during ongoing litigation. Each serves the strategic purpose of addressing potentially critical errors without awaiting a final judgment.

• Amicus Curiae Brief: While not initiating an appeal, an Amicus Curiae Brief, submitted by non-parties to provide additional perspectives or legal arguments, complements the appellate process signified by the Request Appellate form, enriching the court's understanding and potentially influencing appellate outcomes.

• Article 78 Proceeding: This special proceeding, challenging the decision of a New York State or local agency, shares the appellate form’s goal of appealing administrative decisions to a higher judicial authority. Both are integral in seeking judicial review over governmental actions and decisions.

• Request for Judicial Intervention (RJI): Although primarily used at the onset of a lawsuit to get it on the court's calendar, an RJI shares the procedural aspect with the Request Appellate form in that both are required steps in advancing a legal matter through various stages of judicial consideration.

• CPLR 5704 Review: This specific review mechanism, allowing for immediate appeal of certain ex parte orders in New York, has a direct correlation with the Request Appellate form’s function in facilitating appeals, demonstrating their shared role in providing oversight and correction of judicial decisions.

Embarking on the journey of appellate advocacy through the completion of the Request for Appellate Division Intervention Form can indeed seem daunting. However, a well-prepared form not only reflects thoroughness but also significantly influences the appellate process. Here are some dos and don'ts that might help simplify this task:

• Do meticulously read through § 670.3 of the rules of the court before starting. Understanding the requirements and directions provided by this section ensures adherence to court protocol.
• Don't guess or leave sections blank if you're unsure about the specifics. The accuracy of every detail on the form contributes to its effectiveness. Seek the necessary information or clarification rather than risking misinformation.
• Do clearly set forth the title of the case as it appears on official documents (summons, notice of petition, or order to show cause) to avoid any discrepancies that could delay proceedings.
• Don't overlook the significance of selecting the precise nature of your suit. This choice helps categorize your appeal correctly, facilitating a smoother appellate process.
• Do ensure that all information related to the paper appealed from is accurate, including the type of paper, the court, the county, and the judge's full name. This precision assists in the proper identification and processing of your appeal.
• Don't be vague when describing the appeal, proceeding, or application. A succinct yet comprehensive description of the paper appealed from, the relief requested, or the object of the proceeding is invaluable.
• Do carefully specify the amount if the appeal is from a money judgment. This clarity is crucial for the appellate court's understanding of the stakes involved.
• Don't hesitate to use the additional information forms (Form B and Form C) if the space provided on the main form is insufficient. Adequate detailing is key to ensuring that the appellate court has all the necessary information to review your case.

Remember, the journey through the appellate courts is paved with procedural rigor. Attention to the minutiae of these forms not only reflects well on your case but also aids in the efficient administration of justice.

Navigating through the process of filing a Request for Appellate Division Intervention can often feel like deciphering a complex puzzle. With multiple sections and legal terminology, it’s understandable that many litigants and even some attorneys might harbor misconceptions about the form and its requirements. Here are seven common myths, demystified for clarity:

• Only attorneys can file this form: While it’s true that legal representation can provide invaluable guidance through the appellate process, individuals representing themselves pro se can also file this form. The instructions make provisions for parties without attorneys, indicating areas where "Pro Se" litigants should fill in their information.

• It’s only for appealing final judgments: The form is indeed used to appeal final judgments, but it’s also applicable for a variety of other decisions and orders, including interlocutory decrees, amended judgments, and orders granting or denying specific motions. The form is versatile and can accommodate appeals for several types of decisions.

• Filling out the form fully guarantees your appeal will be heard: Completing the form is just the initial step. The appellate court has discretion in deciding which cases to hear based on a variety of factors, including the form's correctness, timeliness, and the substantive merit of the appeal.

• Explanation of the issue is unnecessary: The form explicitly requests a brief description of the appeal, including the nature of the order or judgment appealed from, the relief sought, and the issues to be raised. Providing a clear and concise explanation is crucial for the court’s understanding of the case’s foundational elements.

• Any type of document from the lower court can be appealed using this form: The form accommodates appeals from a specific list of documents, such as judgments, orders, and decrees. However, not every decision made by a lower court is immediately appealable. Consulting the court rules or a legal professional can help clarify which decisions can be challenged.

• The form is only for civil cases: Despite the form’s title indicating its use in civil matters, the types of cases it encompasses are broad, including administrative review, domestic relations, real property disputes, and other specialized proceedings. It's important to correctly identify the nature of your suit when selecting from the provided categories.

• Once filed, the form doesn't need to be followed up: Simply filing the form does not end the appellant's responsibilities. Deadlines for submitting briefs, court fees, and other procedural requirements follow. Keeping track of these obligations and adhering to them is crucial for the progression of your appeal.

Understanding these nuances fosters a smoother appellate process and demystifies common errors. Whether you are a seasoned attorney or a pro se litigant, taking the time to thoroughly read instructions and seek clarification when needed is indispensable in the pursuit of appellate intervention.

When engaging with the Request Appellate Division Intervention (RADI) form, particularly for civil matters within the Supreme Court of the State of New York, Appellate Division: Second Judicial Department, there are several key takeaways that parties should consider. These insights aim to streamline the process, ensuring that the request for appellate intervention is thoroughly and correctly filed.

• Understand the form’s purpose: The RADI form is specifically designed for requesting intervention by the Appellate Division in civil cases. It is crucial for parties seeking an appeal or other appellate interventions.
• Follow specific directions: Section § 670.3 of the rules of this court, found in 22 NYCRR 670.3, provides specific instructions on how to use this form effectively. Adhering to these guidelines is essential for a successful request.
• Accurately detail the case: The form requires exact details about the case, including the title as it appears on official documents like summons or notices. This information is critical for proper identification and processing of the appeal.
• Specify the Nature of Suit: The form allows parties to check up to five categories that best reflect the nature of the case, from administrative review to torts. This helps in categorizing and prioritizing the appeal within the appellate system.
• Indicate the correct paper appealed from: It’s imperative to specify the document(s) being appealed, such as judgments, orders, or rulings. This clarity aids in identifying the decisions under review.
• Detail appeal specifics: When describing the appeal, provide concise yet comprehensive information on the paper appealed from, the relief requested, and the grounds of the motion. This information sets the stage for the appellate review.
• Address financial judgments: If the appeal involves a money judgment, stating the amount awarded is required. This detail can impact the processing and potential outcome of the appeal.
• Outline proposed issues: Clearly specifying the issues proposed to be raised on appeal focuses the appellate review and informs the court’s preparation and deliberation process.
• Include party and attorney information: Filling in details about the parties involved and their respective attorneys ensures proper notifications and legal representation throughout the appellate process.

These takeaways, highlighting the importance of accuracy, detail, and adherence to guidelines, form the backbone of a properly submitted Request for Appellate Division Intervention. Such precision assists all parties involved, including the court, in efficiently handling the appellate process.