Section 1: Forms


Forms in an Appeal

As soon as the appeal process begins, there are forms to file in both the trial court and the Court of Appeal.

In each step of this guide, you will find information about the specific forms that are required for that step. You will also find links to forms that you can prepare online. 

It’s important to know that most forms must be filed early in the appeal, before you file a brief or make an oral argument.


Here are basic things to know about filing court forms during an appeal

  • There are many court forms during an appeal and each form has a special purpose.
  • It’s very important to know what court forms you need to file and when. Some forms must be filed quickly.
  • Some forms must be filed by all parties, some by only one party, and others are filed only if needed.
  • Some documents are filed in the trial court and some are filed in the Court of Appeal. Check with the court clerk to find out if you can file documents on paper or electronically.
  • It’s very important to file all forms on time. Sometimes a form must be filed with other paperwork.
  • It is best to complete court filings on a computer or a typewriter. All documents filed with the court must normally be produced on a computer or typewritten. However, if you are representing yourself, and you are not a licensed attorney, you may be allowed to file a handwritten document, although some courts may require that you obtain permission first. You should check with the clerk’s office to determine whether you must request permission to file a handwritten document in that court.
  • Most forms must be served to the other parties in the appeal before they can be filed with the court. This is especially important to keep in mind when there are short deadlines.
  • If certain forms are not filed, are incomplete, or are filed late by the appellant, an appeal can be dismissed.
  • If certain forms are not filed, are incomplete, or are filed late by the respondent, they may lose their opportunity to file a brief and present their side of the case to the Court of Appeal.

Where can I get help with forms?

There are resources available at the court and online to help you complete court forms. Each form includes detailed instructions and many forms can be completed online. If you are not sure whether there’s a form for what you need to do, or if you have other questions about forms, you can contact the court clerk. 

What happens next?

Most forms in an appeal are filed before the parties file their briefs. After submitting all the pre-brief forms and designating the record, it’s time to work on the briefs. Each party in the appeal can prepare a brief that includes a legal argument about why their side of the appeal is correct. A brief can take a lot of time and research to write, so it’s important to get started as soon as possible.

Learn more about forms

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FORMS

Documents you will need for your case.