Can I appeal without transcripts from the motion hearing?

Full question:

Defense won motion for summary disposition sent letter saying I have 7 days to object, I objected, hearing on Dec 6. Judge gave defense 35 days to enter judgement. I want to appeal but will not get transcripts from motion hearing before February 10. Do I have to appeal without motion hearing transcripts, or do I appeal based on defense judgement order? Please send case law.

Answer:

We cannot give legal advice, and this is not a substitute for the advice of a local attorney. However, here are some points to consider:

To file an appeal, you typically need to submit a Notice of Appeal within the required timeframe. You can file this notice even if you haven't received the transcripts yet. After filing the Notice of Appeal, you can gather your materials, including the transcripts. There is usually a deadline for this, but you can request an extension if necessary. Explain the reason for the delay (i.e., waiting for the transcripts) in your motion, and judges often grant these requests.

Since this is an in-litigation matter, it’s crucial to consult with a local attorney to ensure you meet all requirements and protect your interests effectively.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A Notice of Appeal is a formal document filed with the court to indicate your intention to appeal a decision. It must be submitted within a specific timeframe after the judgment is issued. This document notifies the court and the opposing party that you are seeking a review of the case by a higher court.