I want to appeal the federal claims in Federal C/A. The case is closed so I have 30 days from date of ruling.
I need to get police reports in the file and another file that contains 5600 pages of evidence. Also, may I appeal the federal claims AND ALSO appeal state claims in state court concurrently? The state claims were dismissed w/o
prejudice so I may file them in state court. The federal court would not hear the state claims because they were busy with other cases. Throughout my pleadings I was told not to file evidence, not to file briefs, and not to file exhibits....until the court said to do so. Court never did so, and may have ruined my appeal rights
Robert David RichmanFederal Crime LawyerMinneapolis, MN ·
The problems you are having demonstrate why you need an attorney. You cannot add evidence to the record for an appeal. You have to appeal what the judge did. If he dismissed your case before you submitted any evidence, then he was saying you have no federal claim regardless of what evidence you have. You have to show on appeal why he is wrong. The evidence is not relevant to the court's ruling since he did not rely on evidence.
Are you talking about a civil suit, as your description sounds like it would be. If that's the case, this is the wrong forum for your question. However, my answer would be the same. An appeal is NOT something one should do on their own. They are very complex and the filing rules are very strict. It may not be too late, but you need to talk to an attorney in your area right away.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
Mr. Richman is correct, you are limited to what is on the record. You will also need a record of the hearing that I am assuming the judge ruled on a defense motion to dismiss. If there was not a court reporter at the hearing, or an electronic record made of the hearing, you will not be able to appeal. The appellant is responsible for preserving the record.
The other big problem with representing yourself, you can't sue for malpractice if you screw up.
Appeals are a very specialized area of the law. As a general rule, evidence can't be added on appeal. However, there are possibilities involving the trial court or the appellate court depending on the nature of the case. I would strongly encourage you to contact an appellate attorney immediately, time is always crucial in an appeal.
