How to Appeal a Court’s Decision in Alabama?
When filing an appeal in the state of Alabama, you need to make sure meet their specific deadlines and follow the state procedure. Both for civil and criminal cases, you will need to file a notice of appeal.
The Appeal Brief
The appellant for all appeals must file a detailed brief containing the following information to comply with the state’s process:
STATEMENT REGARDING ORAL ARGUMENT
Here you request the option of presenting an oral argument or not.
TABLE OF CONTENTS
STATEMENT OF JURISDICTION (civil cases only)
Cite precedent here justifying the need for an appeal.
TABLE OF AUTHORITIES
Reference resources and other cases here.
STATEMENT OF THE CASE
Describe with as much detail as possible the nature of the case, the court proceedings which took place and the ruling.
STATEMENT OF THE ISSUES
Here you need to summarize the issues presented for review
STATEMENT OF THE FACTS
A full statement of the facts relevant to the
issues presented for review, with appropriate references to the records.
STATEMENT OF THE STANDARD OF REVIEW
A concise statement of the standard of review applicable to each issue.
SUMMARY OF THE ARGUMENT
A summary of the argument limited to five pages.
An argument containing the appellant/petitioner’s opinion concerning the issues presented, along with citations to the cases, statutes, other authorities, and parts of the record upon which the brief is based.
A concise conclusion summarizing the brief.
CERTIFICATE OF SERVICE
A complete list of the names and addresses of all attorneys or parties upon whom the brief has been served.
These specific deadlines must be met to successfully file an appeal with the court in Alabama. The deadlines are:
- Criminal Cases in Circuit Court – 42 days from the date of sentencing.
- Civil Cases in Circuit Court – 42 days from the date of judgment.
- Juvenile Court – (criminal or civil) – 14 days from the judgment.
- Divorce and Domestic Relations Cases in Circuit Court – 42 days from the entry of the judgment.
- Family Court Cases – 14 days from the date of the judgment.