What do I do after receiving a notice of appeal and proof of service?
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What do I do after receiving a notice of appeal and proof of service?
I have received both documents for my brother’s case and I don’t know what I need to do from here. Does it mean that the appeal is being reviewed or does it mean that he’s been guaranteed a appeal case? If he has, how will I find it when it is? Do I need to get a appellant attorney?
Asked on August 17, 2012 under Criminal Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You don't need to do anything at this point. When you or your brother are served with the appeal, then you will need an attorney to respond.
A notice of appeal just means that an appeal will be filed in the future. There are time deadlines for filing the notice of appeal and that is why it was filed. It may be that the opposing party is filing an appeal against your brother, but without knowing more information or seeing the actual notice of appeal, I can't be certain of that.
It is also possible that the notice of appeal is being filed by someone on behalf of your brother, but again without seeing the actual notice and knowing more facts, I can't be certain of that.
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