How to Appeal a Court’s Decision in Nebraska?
The appeals process in Nebraska is lengthy and even if you eventually win the appeal, it will take work and time to get there. It is best to have legal representation when navigating the tricky waters of the appellate court.
Notice of Appeal
The first step to get the ball rolling is you have to file a notice of appeal. You have thirty days following the final ruling of your case to file. You will also need to pay a filing fee. Along with the notice of appeal, you will also need the following:
- Names and addresses of all parties.
- Contact information for all parties and attorneys.
- A request to the Clerk of the district court for a copy of the transcript - pleadings of the case.
- Another request asking for the Bill of Exceptions - evidence supplied during the case.
The court reporter will have seven weeks to compile the transcript and Bill of Exceptions. Once both are complete, the appellant then has thirty days to file a brief.
The briefs are the most critical piece of content used in an appeals case. It is your opportunity to convince the judges to either reverse the verdict or send it back to district court for a new trial. At the very minimum, your brief must include the following sections and information:
- A separate statement/paragraph of each error and reference to it in the transcript or Bill of Exceptions.
- Arguments and points you want to make along with citations and references to precedent cases or other legal documents which support your claim.
Within thirty days of receiving the appellant brief, the appellee can file a brief of their own. From the time you file the notice of appeal and submit your briefs a few months will have passed. Appeals are a long, slow process so be patient. Either party may be allowed to present an oral argument as well.
Be prepared to wait a few more months for the final decision. Once reached you will receive the final opinion in writing.