Requirements for an expedited appeal
The expedited appeal under Rule 8A is the fastest and least expensive appeal method, because it uses a streamlined form of trial court record and shorter filing periods. However, an expedited appeal can’t be used when a transcript of the trial proceedings is necessary for appellate review. If you submit an expedited appeal and the appellee objects to your appeal or the judge terminates your appeal, you must begin an appeal with one of the 2 remaining methods instead.
Filing an expedited appeal
To start an expedited appeal, you must file a document with the title, “Expedited Appeal” in the trial court within 20 days of filing the notice of appeal. You must include a summary of the undisputed facts and as much of the evidence as may be necessary for the Appellate Division to decide the questions of law presented in the expedited appeal, along with other items. Rule 8A(a) includes a full list of the documents that must be included in the expedited appeal. The appellant must serve a copy of the expedited appeal on the other parties and on the trial judge within the same 20-day deadline.
Within 10 days of filing the expedited appeal, an appellee may file a statement of objections to the expedited appeal with the trial court and serve it on the other parties. The trial judge may also enter an order terminating the expedited appeal within the same 10-day period. If the appellee objects or the trial judge enters an order of termination, the expedited appeal is terminated, and you must then use one of the remaining appeal methods under Rule 8B or Rule 8C.
If there is no timely objection to the expedited appeal or no termination by the trial judge, you must file 6 additional copies of the expedited appeal and 6 copies of your brief in the court. This filing must be made within 25 days of filing the expedited appeal. 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 their brief within 15 days of your brief being served. You can then serve 1 copy, and file 6 copies, of a reply brief within 10 days of the appellee’s brief being served.
60 days after filing the expedited appeal, the trial court clerk sends the Appellate Division 6 copies of the docket entries, 6 copies of the expedited appeal, and 6 copies of each party’s briefs. Once the appeal is 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. 8A for more information.
For more information on the next steps after filing, please see Appeal a District Court civil case to the Appellate Division.