Requirements for an agreed statement of the case
An appeal on an agreed statement of the case under Rule 8B requires that the parties mutually agree on how to frame the issues for appeal. If the parties can’t reach an agreed statement that’s acceptable to both parties and approved by the court, then you may proceed to an appeal on the record of proceedings under Rule 8C.
Filing an agreed statement of the case
An appeal on an agreed statement of the case under Rule 8B requires that the parties mutually agree on, and the trial judge approve of, how to frame the issues for appeal. To start this method of appeal, the parties must prepare, sign, and file an “agreed statement of the case” in the trial court together. Any agreed statement must include:
- A copy of the notice of appeal
- A statement of how the issues the appeal presented happened and were decided in the trial court
- A statement of facts needed for a decision on the case.
The parties must file the agreed statement in the trial court within 30 days from when the appellant filed the notice of appeal, or, if the appellant’s expedited appeal under Rule 8A was terminated, within 30 days from the termination date.
The agreed statement must be approved by the trial judge. Unless the trial judge enters an order of disapproval within 15 days from when the agreed statement was filed, the statement is considered approved. In an order of disapproval, the judge may condition his or her approval of the agreed statement on the parties making changes to the statement.
If the judge enters an order of disapproval or approves the agreed statement with conditions that any party doesn’t agree with, the procedure under Rule 8B can be considered terminated, and the appellant may proceed with an appeal under Rule 8C. As an alternative, a party could ask for a hearing in the trial court to prepare an agreed statement that would be acceptable to the parties and the trial judge. If the parties can’t reach an agreed statement that’s acceptable to both parties and approved by the court, it will be disapproved, and the appellant can try for an appeal under Rule 8C.
If the agreed statement is approved by the trial court, the appellant must file 6 additional copies of the agreed statement and 6 copies of its brief in the trial court within 25 days after receiving the notice of approval from the trial court clerk. You must also serve a copy of your brief on every other party within the same 25-day deadline. The appellee must serve 1 copy, and file 6 copies, of its brief within 15 days after the appellant’s brief is served. You may then serve 1 copy, and file 6 copies, of a reply brief within 10 days of when the appellee’s brief is served.
60 days after the date of approval of the agreed statement, the trial court clerk sends the Appellate Division 6 copies of the docket entries, 6 copies of the agreed statement, and 6 copies of the briefs of each party. Once received from the trial court, the Appellate Division will send you notice of receipt of the appeal, which will include your Appellate Division docket number. It may also include the date of oral argument.
See Dist./Mun. Cts. R. A. D. A. 8B for more information..
For more information on the next steps after filing, please see Appeal a District Court civil case to the Appellate Division.