Time and Fees

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  • Be on Time - You have 49 days to start the appeal (Step 1) from a final order.
    • You may request an additional 35 days past that to file. You must show there was good cause for filing late (rarely established).
    • Past that point, your opportunity to appeal has closed. No exceptions.
  • Filing Fee - There is a $223 filing fee due when you open the appeal in the Court of Appeals.
    • Waiver - If you cannot afford to pay that fee, you may request that it be waived. File a Motion to Waive Filing Fee - JDF 205 and a Proposed Order - JDF 206 with the District Court. Once the District Court has ruled on that request, file a copy of the order with the Court of Appeals. File this motion as soon as possible.

Appeal Cost Bond 

You must post an Appeal Cost Bond with the District Court when you start the appeal (see step 1).

  • Why - Because so few appeals are successful, the bond ensures the other parties costs to appeal are covered if you lose.
  • How Much - $250.
    • Waiver - If you cannot afford the Appeal Cost Bond, you may file a Motion to Waive the Appeal Cost Bond. File that into the District Court case. Also, file the financial affidavit included in the motion.
  • Returnable - If you win the appeal, or the other parties do not participate in the appeal, the bond is returned to you.

Transcript

  • What - A transcript is a document that contains the word-for-word testimony of what was said at the hearing.
  • Why - An appeals court cannot consider any new facts or evidence. It must rely solely on the facts that were presented to the deciding court. Many facts come onto the record through the testimony at the hearing.
  • How to Order - Submit a Transcript Request Form - JDF 4 with the District Court clerk. A transcriptionist will be in contact with you to arrange payment.
  • Cost - A transcript costs $3 a page. This works out to be about $150 for every hour you were in court. The transcriptionist will be able to give you a more precise quote for your case.
  • Deposit - Some counties require you to post a deposit on the transcript when you submit your Transcript Request Form. If not, the transcriptionist will require a deposit to begin work on the transcript.
  • Costs Not Waivable - The cost of a transcript for these appeals cannot be waived by any court. 

Stay of Action

  • What - A Stay of Action stops the final orders from being enforced during the length of an appeal. This request is optional.
  • Why - The final orders are assumed to be acceptable going into an appeal. If you want all or part of those orders stopped, you would have to make that request in a Motion for a Stay of Action.
  • File - A Motion for a Stay of Action with the District Court.
  • Due - There is no set due date for these motions. However, the final orders are active until the Court issues the order and the Supersedeas Bond is posted. 
  • Supersedeas Bond - To prevent people from filing a stay just to delay the Final Orders, you will be required to post a bond before the stay can go into place. That is usually set at 125% of the judgment against you. The District Court will set the Supersedeas Bond in its order. 
  • If Denied - If the District Court denies your request for a Stay of Action, then you may file a Motion for a Stay of Action in the Court of Appeals. Make sure to include the District Court's order denying the stay, with your motion.