How to Appeal a Court’s Decision in Rhode Island?
If you are unhappy with the final ruling at your trial held in Rhode Island, you have some legal recourse by filing an appeal.
Notice of Appeal
You must first file a notice of appeal with the trial court clerk where your original case was held. You have only twenty days after your judgment to file your appeal. Your notice of appeal must include the following information:
- Name and address of all parties involved.
- Contact information for attorney’s involved.
- The judgment on which the appeal is based.
- $150 filing fee due at the time of filing.
The trial clerk will serve all other copies to the affected parties. You don’t have to worry about doing that. You do need to request a copy of the transcript to be included in the Record on Appeal. Again, the clerk will pull together all the documentation and create the Record on Appeal.
First, you have forty days to prepare and present your brief to the appellate court. You are limited to a total of fifty pages for your brief. Your brief must include the following information:
- Statement of the facts.
- A detailed list of the errors.
- Specific questions raised.
- A list of the points made.
- A conclusion.
- An index of authorities.
- Appendix including case documents substantiating your claim.
The appellee also has forty days after your brief was received to prepare and file their brief.
You may also choose to file a reply brief in response to the appellee’s brief. You have twenty days to file it.
You may choose to present an oral argument along with your brief, but you will have only ten minutes for your full presentation.
A panel of three judges will review the entire Record on Appeal and all other information to decide the validity of the appeal. They will provide you with written confirmation of their opinion. It may take months before you hear anything.
If you are unhappy with their decision, you can petition for a rehearing or take it to the Supreme Court.