So Judge Death To All Americans Motion For Summary Judgment Without A Hearing

So Judge Rules Death To All Americans And Judge Say USC Eighth Amendment Is Void? So Excessive Bail Shall Not Be A Required, & Nor Excessive Fines Imposed, & Nor Cruel & Unusual Punishments Be Inflicted By Law "If You Do Not Pay" No Appeal Ever? P.S. So This Is How The Court And Judge Works In New York City And N.Y. State Court Too... So Lets Say Your Net Worth Is 10 Million Dollars Let Say... And The Court Fine You 20 Million Dollars And If You Do Not Paid It In 30 Day... You Lose All Your Rights To Appeal This Court Case Forever?... And Now The Court Sell All Your Assets To Pay The Fines Etc. P.S. So Now Are All Your Court Appeal Rights Now Over For You & Everyone Else In U.S.A. Courts Today?

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So Again Now A Bad Judge Can Say... Let's Say All The Money You Have In Total Is A Home, A Car & $100,000 In Cash... So Now All Bad Judges Can Say... Your Fine Is (Any # I Pick) So Judge Pick 10 Million Or 20m 30m And You Have 30 Days To Pay? & So Now You Can Never Appeal Any Judges Rulings In Court Again Forever This Is Wrong In U.S.A. Today ?

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Eighth Amendment
Most often mentioned in the context of the death penalty, the Eighth Amendment prohibits cruel and unusual punishments, but also mentions “excessive fines” and bail. The “excessive fines” clause surfaces (among other places) in cases of civil and criminal forfeiture, for example when property is seized during a drug raid.

So Letitia James says she's prepared to seize Trump's buildings if he can't pay his $354M civil fraud fine. Trump Tower To Be Turn Into A Homeless Shelters By New York City Orders!

This Is The Real List Of Court Rules And All Judge Follow Rules Professional Responsibility And All Provisions Of The Code of Judicial Conduct By NWO Laws.

Yes It Real Rules Used Today In Court Its Called Black's Is White's Law Dictionary and Read Secret Canons of Judicial Miss-Conduct Info. For New World Order Year Zero - https://rumble.com/v2edz96-blacks-is-whites-law-dictionary-and-read-secret-canons-of-judicial-miss-con.html

All Judge Follow Rules Professional Responsibility course about various provisions of the Code of Judicial Conduct. This is a quick overview that hits the highlights. Video Is Good... You Can Read Court Laws and Secret Canons of Judicial Conduct Law Info. In 2024

Hey Man USA-Mexico Border Is Closed-Border Is Secure-We Our A Sanctuary Cities - https://rumble.com/v4bm0ln-hey-man-usa-mexico-border-is-closed-border-is-secure-we-our-a-sanctuary-cit.html

Per U.S.A. Government DOA-DOJ-FBI-CIA-Etc. Everyone In U.S.A. All Person And Or America Citizens Right Now Today Is A Criminal As of Oct 2023 Need To Be In Jail Or Pay $$$ Fines Now. Per all federal and local police and all government agencies. All The America People Break The Law's Average 3 Times Everyday with A Average Fine of $512 dollars a day. it add up to $512 x 365 days in a year add up to $186,880 Dollars per year in fines per every person alive today right now. also federal and local agencies issue an average of 27 rules for every law over the past decade.

However, the rules issued in a given year are typically not substantively related to the current year’s laws, as agency output represents ongoing implementation of earlier legislation. Remember That Ignorance of the law is a fundamental legal principle in the US that means that if someone breaks the law, they are still liable even if they had no knowledge of the law being broken. According to a 2020 article, the more than 300,000+ laws and regulatory crimes on the federal law books serve little purpose other than inviting arbitrary enforcement by providing prosecutors the tools to charge nearly anyone every day for your life with violating some long-forgotten regulation or law and to pay the fines now or go to jail for everyone in the U.S.A.. Government Every Man, Women, & Child Is A Criminal & Need 2 Go To Jail for life.

Dept. Justice Say Donald Trump Is To Be Executed I Not Let Him Run For Office Again - https://rumble.com/v2t63aa-dept.-justice-say-donald-trump-is-to-be-executed-i-not-let-him-run-for-offi.html

The reason for this true statement is if Trump wins in 2024 he is planning to do to the deep state. The same things that they are doing now with the Jan. 06 2021 hearing to them are all will be charged with 18 U.S. Code § 2381 - Treason by laws of U.S.A. SEDITION, AND SUBVERSIVE ACTIVITIES - https://www.law.cornell.edu/uscode/text/18/part-I/chapter-115

https://en.wikipedia.org/wiki/Criminal_proceedings_in_the_January_6_United_States_Capitol_attack

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

It is are understanding from this rumble channel that 1,000 of people are still being held in jail without bail and no hearing still after 3 years in jail... why ? ?

So Trump is planning to do same to thousands in the democratic party and other like DOJ-FBI-CIA-Etc. and Other Bad Peoples and to be held without bail or trial too. So In Secrets Meeting Last Year The Dept. Justice Say Donald Trump Is To Be Executed And To Stop Him (Trump) At All Cost In 2024.

https://time.com/6133336/jan-6-capitol-riot-arrests-sentences/

https://time.com/6133257/january-6-investigation-capitol-riot-fbi/

Stewart Rhodes, founder of Oath Keepers, was sentenced to 18 years in prison on seditious conspiracy charges. But 800+ Undercover FBI-CIA-Etc. Dress up as Trump supports with mega hats etc. Saying things like... Come on man - Lets go everyone etc. Are not charged and no jail time at all.

Worldwide tyranny is already in full effect, the food we eat and the air we breathe are not off limits. Will we be able to stop this madness before we become an electronically monitored, cashless society wherein ever man, woman and child is micro chipped? The New World Order is Upon Us - Preserve your liberty by being Prepared ! - We The People of the New World Order Thank You.

Confiscating Entire Wealth of All The Billionaires and Kill Them and Family Too! There are 724 (billionaires) in the U.S., and more overseas according to the 2021 Forbes billionaires list, released in April,” the Journal reports. “At that point their collective net worth was $4.4 trillion, although that figure has presumably since risen along with the stock market. So Per 60% Death taxes are taxes imposed by the federal and some state governments on someone's estate upon their death - Death taxes are also called death duties, estate taxes, or inheritance taxes. After getting the money maybe in 20 weeks or so - Own Government plan's are to kill rest of the family member for more estate taxes, or inheritance taxes.

Also Government Plan's are to Kill and or Black Mail for Lot's of Money All Epstein’s and Maxwell Private Pedophile Islands Visitor Log's including video equipment and sex tape's of rich people and with DNA Sample Testing and secret video tapes and missing body in underground lairs and a bizarre teen sex temple from Pedophile Islands Guestbook and Visitor List They Do Not Want You to See Ever!

Jeffrey Epstein’s and Ghislaine Maxwell Said We Have 1,000's Video Tape's and have 1,000 Forensic DNA Test's, Blood Test's and Hair Sample's DNA Testing all ready Done Now.

True Stories Behind The Rich And Powerful Named In The Jeffrey Epstein Court Files - https://rumble.com/v4b1z2l-true-stories-behind-the-rich-and-powerful-named-in-the-jeffrey-epstein-cour.html

The Epstein files the latest on who knew what in the biggest sex trafficking ring in history. His elite circle of the wealthy and powerful on notice as thousands of damning new court documents are unsealed. How U.S.A. Government Payed CIA Asset Jeffrey Epstein 9,600 + Flight Logs, Showing Detailed Ten Of Thousands Passenger Names On Thousands Lists, Entered into Evidence at Ghislaine Maxwell Trial Endlessly scrutinized, studied and speculated over for years, flight records from Jeffrey Epstein’s private airplanes have been the subject of debate, conjecture, litigation, and conspiracy theory. The trial of his accused accomplice Ghislaine Maxwell added unprecedented context and nearly 120 pages of only lightly-redacted handwritten paperwork released publicly on Sunday.

https://s3.documentcloud.org/documents/21165424/epstein-flight-logs-released-in-usa-vs-maxwell.pdf

https://www.yahoo.com/gma/letitia-james-says-shes-prepared-215055380.html?

Four days after a judge ordered former President Donald Trump to pay $354 million in his civil fraud case, New York Attorney General Letitia James told ABC News that she is prepared to seize the former president's assets if he is unable to find the cash to cover the fine.

"If he does not have funds to pay off the judgment, then we will seek judgment enforcement mechanisms in court, and we will ask the judge to seize his assets," James said in an interview with ABC News' Aaron Katersky.

https://ag.ny.gov/sites/default/files/decisions/trump-decision.pdf

NY AG says she may seize Trump assets if he doesn’t pay $355 million fine. Trump’s attorneys have vowed to appeal the case, accusing Judge Arthur Engoron of judicial malpractice and labeling the case politically motivated.

So It now look like Judge Arthur Engoron is getting 5 million dollars book deal now and Attorney General Letitia James will get 8 million dollars for her book deal also... Wow! Extortion or blackmail First, it is committed when someone uses force or threats to obtain money or other property when someone contacts a public official, he or she commits extortion or blackmail by using force or threats.

The People's Republic Of New York City Attorney General Letitia James Has A Long History Of Fighting Trump And Other Powerful Company In New York City And Now That Trump Is Going Paying Millions Dollars.. So Now To Be Fair By The People's Republic Of New York City Laws 1000s Other Real Estate Company and 1000s Dealings.. Also defrauded banks, insurers and others by exaggerating the value of assets on paperwork used for deals and securing loans. This is a tremendous victory for this state, this nation, and for everyone who believes that we all must play by the same rules. - Thank you everyone even former presidents,” James said in a statement.

So i think that The People's Republic Of New York City can get tens of billions dollars from other NYC company... defrauded banks, insurers and others by exaggerating the value of assets on paperwork used for deals and securing loans.

People's Republic Of United States Of America Declared Its An Open Sanctuary Cities Is Open To Vets - Homeless - Drug - Rape - Sex Workers - Pedophile's Etc.

United States is a Corporation and Corporate Origins of Modern Constitutionalism - https://rumble.com/v29quxm-united-states-is-a-corporation-and-corporate-origins-of-modern-constitution.html

Birth Certificate Equals Slavery Bondage Understanding How Admiralty Maritime Laws - https://rumble.com/v2dau7c-birth-certificate-equals-slavery-bondage-understanding-how-admiralty-mariti.html

The Flag In The Photo Is A Admiralty Maritime Law Flag Yellow With Fringe Is Our Enemy In U.S.A. Today.

NY Attorney General Letitia James Speaks 100s Other Real Estate Dealings Is Fraud - https://rumble.com/v4emjy0-ny-attorney-general-letitia-james-speaks-100s-other-real-estate-dealings-is.html

The Left/Right paradigm isn't only exposed by race and immigration issues. The Left and Right are in lockstep on every issue that really matters: The IRS. Income tax. Federal Reserve system. Endless wars. Endless expansion of tyranny and ever contracting liberty. Chronically wide-open borders. Suicidal immigration policies. Don't you see? The democrats and republicans exist only to provide the illusion of choice. A strong "us versus them" simulation in every election. It's ritualized tribalism. But the joke is, it doesn't matter which team wins, because both sides have the same agenda. God, guns and gays are phony "issues" to bolster the illusion of "difference" between the parties. The only thing that makes all this possible is that people aren't aware of the scam. Just knowing they are either "Team Red" or "Team Blue" liberates them from the responsibility of having to actually know or think anything. Then they feel righteous when their team wins, or despondent when they loose. It's no coincidence that the system works exactly like sports. There comes a point when ignorance and apathy become treason. We are past that point, people.

It's so easy to be overwhelmed and feel beaten by the amount of negative and discouraging information being spread by the mainstream (fake stream) media. There are truly awful people in WEF and WHO, who want to reduce us to the level of serfs or chattel, but we can resist, indeed, we must resist. Be calm, be objective and be positive. Right is Might. “The only thing necessary for the triumph of evil is that good men should do nothing.” Nobody Is Safe From People's Republic Of The Tyrannical We The Sheeple People of The United States of America and A Real True Bill of State Rights Of Government July Forth 1776 The Bill of Rights is the first ten amendments to the United States Constitution, which limit the power of the federal government and guarantee certain freedoms and rights to all colour of people and for the citizens of All America !

Execution-style murder is an act of criminal murder where the perpetrator kills at close range a conscious victim who is under complete physical control of the assailant and has no course of resistance or escape. It is most often a live bullet to the brain or heart, and victims are sometimes killed while kneeling. In most cases, the person executed directly killed the victim, but in a small minority of cases, the person executed ordered or contracted with another person to carry out the murder.

Evolution of Deep State/U.S.A. Star Chamber/June Eight's 2023 Sheeple Day?
https://rumble.com/v2fu55k-history-flagevolution-of-deep-stateu.s.a.-star-chamberapril-1-fool-sheeple-.html

Here's the new world order plan to dismantle the deep state, antifa, black lives matter, civil asset forfeiture, IsIs, Islamic state, police brutality, pedophile's, racism, summer of love, sex slave, etc. and to reclaim our world democracy from tyrannical washington dc corruption once and for all, and from all corruption and all disinformation and all propaganda it is a new world order cuming down to you soon our 100 videos and policy and proposals for all the world need now is love for all fellow human's campaign.

This plan will also end the ongoing weaponization of the justice system that targets its political enemies simply because of their political or religious beliefs," the campaign release added. "I will shatter the deep state, and restore government that is controlled by the people."

So because of targets Letitia James fixated on Donald Trump as she campaigned for New York attorney general, branding the then-president a “con man” and ″carnival barker” and pledging to shine a “bright light into every dark corner of his real estate dealings.”

Five years later, James is on the verge of disrupting Trump’s real estate empire after a judge ruled Tuesday that he defrauded banks, insurers and others by exaggerating the value of assets on paperwork used for deals and securing loans.

The ruling shifts control of some of Trump’s companies to a court-appointed receiver, meaning he could lose control of prized properties like Trump Tower, a sprawling suburban estate, office buildings and more.

https://ag.ny.gov/sites/default/files/decisions/trump-decision.pdf

For James, a Democrat, it’s just the latest joust with a powerful foe.

Donald Trump must pay $354.9 million in penalties for fraudulently overstating his net worth to dupe lenders, a New York judge ruled on Friday, handing the former U.S. president another legal setback in a civil case that imperils his real estate empire. Justice Arthur Engoron, in a sharply worded decision issued after a contentious three-month trial in Manhattan, also banned Trump, who is running to regain the presidency this year, from serving as an officer or director of any New York corporation for three years. Trump's lawyer Alina Habba vowed to appeal. Engoron canceled his prior ruling from September ordering the "dissolution" of companies that control pillars of Trump's real estate empire, saying on Friday that this was no longer necessary because he is appointing an independent monitor and compliance director to oversee Trump's businesses. Trump and the other defendants in the case, Engoron wrote in the ruling, "are incapable of admitting the error of their ways." "Their complete lack of contrition and remorse borders on pathological," Engoron wrote. "Instead, they adopt a 'See no evil, hear no evil, speak no evil' posture that the evidence belies."

The lawsuit brought by New York Attorney General Letitia James accused Trump and his family businesses of overstating his net worth by as much $3.6 billion a year over a decade to fool bankers into giving him better loan terms. Trump, who faces criminal charges in four other cases, has called the lawsuit a political vendetta by James, a Democrat. In posts on his social media platform, Trump called Engoron "crooked," James "corrupt," and the case against him "ELECTION INTERFERENCE" and a "WITCH HUNT." "This 'decision' is a Complete and Total SHAM," Trump wrote. "We cannot let injustice stand." Engoron, who decided the case without a jury, also barred Trump and his companies named in the suit from applying for loans from any financial institution chartered in New York for three years, which could curtail his ability to obtain credit from major U.S. banks. The judge said Trump and his companies' past run-ins with the law were part of the reason for the stiff penalties. The Trump Organization was found guilty of criminal tax fraud in 2022. Two other entities Trump ran previously settled allegations of wrongdoing brought by New York state.

Trump's adult sons, Don Jr. and Eric, also were defendants in the case. The judge ordered them to pay $4 million apiece. Their lawyer Clifford Robert called the decision a "gross injustice" and said he believes it will be overturned on appeal. Former Trump Organization CFO Allen Weisselberg, who pleaded guilty to tax fraud in a separate criminal case, was ordered to pay $1 million and barred for life from managing any New York company's finances. James said the penalties paid by all defendants totaled more than $450 million, including interest. "Donald Trump is finally facing accountability for his lying, cheating and staggering fraud," James said in a statement. "Because no matter how big, rich or powerful you think you are, no one is above the law."

Trump has pleaded not guilty in those cases. During the civil fraud case, Trump lashed out in the courtroom on Jan. 11 - the day of closing arguments - against the judge and James while proclaiming his innocence. "You have your own agenda," Trump scolded Engoron, who told Trump's lawyer "control your client." The judge during the trial fined Trump $15,000 for twice violating a gag order against disparaging court staff. Engoron ruled in September that Trump's financial statements were fraudulent, leaving the focus of the trial on how much Trump should pay in penalties.

Trump tangles with judge as New York civil fraud trial wraps up.
Trump reaped over $100 million through fraud, New York says as trial starts. Trump cannot deliver closing arguments at NY fraud trial, judge says.
Trump should be banned from NY real estate for 'outrageous' fraud, attorney general says.

The People's Republic Of New York City
With a total population of over 8.3 million, the Big Apple is not only the largest sanctuary city in the nation but also one of its oldest. In August of 1989, then-Mayor Ed Koch (D) signed an executive order barring the disclosure of information about an individual’s immigration status unless required by law or if the subject “is suspected … of engaging in criminal activity.”

The stakes of this civil fraud trial were high. Trump stood accused of inflating his net worth on government documents. Because of the documents-focused nature of the case, it was a bench trial with no jury. Judge Arthur Engoron was the sole decider of the case.

But that didn’t stop the former president from turning the trial into a spectacle that often resembled a mix between a campaign rally and a reality TV show.
Forty witnesses appeared over 44 days in court. From the appearance of Trump’s three adult children to his own time on the stand, here are five key moments from Trump’s fraud trial.

1
Pre-trial judgment sets the stage
Engoron dropped a bombshell ruling days before the trial started. The judge said that documented evidence – millions of pages of financial statements and communications – showed Trump had committed fraud.

In his ruling, Engoron ordered a severe punishment, revoking Trump’s business and real estate licenses, essentially barring him from doing business in New York. But Trump appealed the ruling, which is still going through appellate court.

Still, the summary judgment was a huge victory for the attorney general’s office, and it made the trial an uphill battle for Trump’s team. Many of the arguments Trump’s lawyers used during the trial were ones Engoron had already struck down in his pre-trial ruling, like the so-called “worthless clause”.
When Trump took the witness stand, he tried to argue that clauses on the government documents said the valuations were not vetted, making the statements themselves “worthless”. Trump even had a note about the disclaimer clause in his pocket when he was on the stand.

“If you want to know about the disclaimer clause, read my opinion again – or for the first time, perhaps,” Engoron said, referencing his summary judgment, where he argued that the worthless clause argument was “worthless” in itself.
Because the core of the case was decided before proceedings began, the trial itself was focused on determining the fine Trump would have to pay.

2
Judge issues gag order against Trump
When Engoron issued his pre-trial ruling, Trump on social media called him “deranged”, setting the antagonistic tone Trump took against Engoron from the start of the trial.

But Trump pushed Engoron’s patience when he mocked Engoron’s principal law clerk on social media after the trial’s first day, posting a picture of the clerk with the Democratic senator Chuck Schumer and calling her “Schumer’s girlfriend”. In response to the post, Engoron issued a gag order barring Trump from speaking out publicly about members of his staff.

Things got heated in the courtroom later on in the trial, when Trump held a press conference outside the courtroom during the testimony of Michael Cohen, his former lawyer and fixer.

“This judge is a very partisan judge with a person who is very partisan sitting alongside him, perhaps even much more partisan than he is,” he told the cluster of reporters.

Soon, Engoron addressed the comments in the courtroom, saying that he believed Trump was referring to his law clerk, and he was considering serious punishment for violating his gag order. Engoron allowed Trump to briefly testify that he was referring to Cohen when he made the statement. But Engoron ultimately said he did not believe Trump, fining him $10,000 for the comment.
“I am very protective of my staff, as I should be. We all know that we are in an overheated environment,” Engoron said. “I don’t want anyone to be killed.”

Though Trump tried to appeal Engoron’s gag order, an appellate court ultimately upheld it in January.

Engoron’s concerns were not unfounded: court records show Engoron received an influx of death threats to his phone. On the last day of the trial, right before closing arguments, a bomb squad was sent to Engoron’s house in East New York after a serious threat.

3
‘Heck of a reunion’
When he was called into the courtroom as a witness, Michael Cohen strolled into the courtroom wearing jeans. Trump sat opposite him, flanked by his lawyers, scowling at his former lawyer and fixer. In a comment to reporters on break from his testimony, Cohen called it “a heck of a reunion”.

It was the first time Cohen had faced his former boss since they parted ways in 2017. Cohen would ultimately go to prison for three years for schemes he conducted under Trump.

Much of Cohen’s time on the stand was focused on his credibility as a witness. Part of Cohen’s prison sentence was punishment for lying to Congress, which Trump’s lawyers said made him not a credible witness for the case.

But at the very end of Cohen’s testimony, when Trump’s lawyers tried to dismiss the whole case based on the testimony, Engoron said he did not see Cohen as a key witness. “There’s enough evidence in this case to fill this courtroom,” Engoron said.

Still, Cohen’s appearance was a reunion in more ways than one. Sitting in the audience during his testimony were two key lawyers, Susan Necheles and Susan Hoffinger, in Trump’s upcoming hush-money trial. Necheles will be representing Trump while Hoffinger will be fighting for the Manhattan district attorney’s office. That trial is set to start in March.

Necheles and Hoffinger probably attended this trial to see how Cohen held up on the stand – he is a key witness in the case since he helped facilitate payments to the adult film star Stormy Daniels. The lawyers’ appearance served as a reminder that as this case ends, Trump’s trials are far from over.

4
Family affair
Over two weeks, the court was treated to a family affair. Trump’s adult children took the witness stand in a marathon of family testimony.
Donald Trump Jr, Eric Trump and Ivanka Trump – all of whom have served or are serving as executives of the Trump Organization – were each interrogated by prosecutors over the financial statements at the center of the case. But the siblings didn’t offer much clarity, often returning to the phrase “I don’t recall” during their testimonies.

Donald Trump Jr, the eldest son and first to testify, emphasized a point that his siblings would also make during their testimonies: when it came to the financial statements, he would “leave that to my accountants”, specifically the outside accounting firm the company hired. This is despite signing documents, prosecutors pointed out, that said the valuations in statements were the responsibility of the Trump Organization.

Eric Trump took the brunt of questioning for his work on the family’s Seven Springs property in Westchester county, New York. Documents implied Eric was involved in valuations of the property, which the Trump family had purchased in the 90s with the hopes of developing a golf course or a cluster of luxury homes.

Even after local residents blocked plans to develop the property, the Trump Organization listed the valuation of the property as if it could still be built on. But when Eric was asked about discrepancies on financial statements, he said he had no recollection of giving information for the statements.
“That’s not the focus of my day. I focus on construction, I don’t focus on appraisals,” Eric Trump said during his testimony.

5
Trump on the stand
As a witness, Trump was prone to angry rants directed at the judge and the New York attorney general, Letitia James – things that delight his followers but probably hurt his credibility in court.
“We have a hostile judge, and it’s sad,” Trump said, adding later that “the fraud is on behalf of the court.”

Engoron jumped in multiple times during his testimony to remonstrate with Trump’s lawyers over their client’s unruliness.

“I beseech you to control him or I will,” Engoron said.
Even during the tamer moments of Trump’s testimony, he spoke wistfully and, at times, incoherently about his properties. When talking about one of his Scottish golf clubs, he said, “At some point, at a very old age, I’ll do the most beautiful thing you’ll ever see,” providing no specifics.

Trump’s testimony confirmed what was being made clear throughout the trial, that he seemed to care more about the cameras waiting outside the courtroom that would broadcast his face and words to his followers across the country.

Rule 56. Summary Judgment (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense – or the part of each claim or defense – on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

https://www.cit.uscourts.gov/sites/cit/files/Rule%2056.pdf

What is an appeal?
An appeal is the legal process to ask a higher court to review a decision by a judge in a lower court (trial court) because you believe the judge made a mistake. A litigant who files an appeal is called an appellant. A litigant against whom the appeal is filed is called an appellee. The higher court, which may be called a court of appeals, appellate court, or supreme court, looks at the “record,” which includes the transcript, evidence, and documents from the trial court, and decides if the judge made certain mistakes that must be corrected.
Keep in mind:

You can only file an appeal after there has been a final ruling in your case, although there are some exceptions to this rule. In certain circumstances, you may file an “interlocutory appeal” to appeal the judge’s decision on an issue during an ongoing court case.

Pursuing an appeal does not stop the court order that you are appealing from going into effect; the order goes into effect immediately and must be followed during the entire appeal process unless you file a Motion to Stay and a “stay” is granted. See What is a motion to stay? How does it affect the order I am appealing?

You cannot introduce new evidence when you appeal your case to a higher court. The higher court only looks at what was said and done in the trial court.

What are some important words and phrases that I need to know as I start the appeals process?

Below we give the definitions to some key words and phrases that you will need to understand if you begin the appeals process. As you read the rest of this section, you may want to refer back to this question if you come across an unfamiliar word.

Appeal: The process of asking a higher court to review a trial court decision for possible mistakes.

Appellant: The party (litigant) who files an appeal seeking to reverse (overturn) the trial court’s decision.

Appellee: The party (litigant) who won in the trial court, also known as the lower court, and will be defending that decision in the appellate court.

Brief: Document filed in the appellate court that states the litigant’s legal reasons (arguments) for why the appeal should be granted or not granted. The appellant is allowed to file two briefs, the appellee only files one:

First, the appellant files an opening brief arguing that the trial court made mistakes that the appeals court should correct;

Second, the appellee files a brief responding to the appellant’s arguments and explaining why the trial court’s decision was correct and should be kept (“affirmed”) by the appeals court; and

Third, the appellant can file a “reply” brief that responds to the counter-arguments in appellee’s brief.

Case law: Law formed by judges’ decisions in other court cases in your state. Generally, case law that comes from a court that is higher than your appellate court is called “precedent” and the judges in your appellate court are supposed to follow those rulings when making their decision related to similar facts. In larger states with multiple appellate courts, it’s possible that case law will come from other courts that are not above your court – in this case, it’s optional if the judges want to follow it or not but it could help to influence their decision.
Filing Fee: Fee an appellant must pay to the appeals court when filing an appeal, typically between $100-$250.

Notice of Appeal: The document filed by the appellant to start the appeals process.

Record: All the documents contained in the trial court’s file connected to the litigation plus the written transcripts and trial exhibits.

Remand: The most common outcome of an appeal. It’s when appeals court agrees that the trial court made an error and sends the case back to the trial court to re-try the case with guidance on what to do differently to avoid making a similar appealable error.

Stay: A pause that prevents the lower court’s order from going into effect until the appeal is decided.

Transcript: The written recording of the trial ,often prepared by the court reporter.

What should I consider when deciding whether or not to file an appeal?
When considering whether filing an appeal is the right option for you, you will want to consider the following things:

Time: An appeal can take up to a year or more from start to finish.
Expense: Appeals are very difficult to do without a lawyer and hiring an appellate attorney can be extremely expensive. (If you are a victim of domestic violence, you may be eligible for pro bono (free) appellate representation from DV LEAP).
Aside from the cost of an attorney, there will be a filing fee that is often between $100-$250. Also, you will probably need to pay for the written transcripts from the final trial in the lower court, which can be quite costly. Some states will waive the filing fees and transcript fees if you are low income, but many states do not offer this.

Outcome: Even if you “win” on appeal, which is very difficult, the most likely outcome will be another trial, called a “remand.” This is where the appellate court instructs the trial court judge to fix the mistakes that the appellate court decided the trial court judge made. You may have to re-litigate one part or all of the trial again in the lower court and it does not necessarily mean that you will win the case – the trial court judge could still rule in favor of the other party. There is also a good chance you will be back in front of the same trial judge whose order you appealed.

Emotional toll and safety concerns: If the other party is your abusive partner, it’s important to know that the appeals process is very long, which will drag out the conflict between you and the abuser and will create an extended time of uncertainty in your life. In addition, filing an appeal may anger the abuser, which could lead to additional abuse.

The good news, however, is that an appeal is decided only based on the written evidence and exhibits filed in court. Therefore, you will not have to testify or go through another trial at the appellate court. In addition, there is the potential that the court’s ruling on your appeal will change or strengthen the law to help others in similar situations.

Step 1: File the Notice of Appeal.
The Notice of Appeal is usually a simple form that can often be found on the state’s judiciary website. It typically requires basic information, such as the name of the parties to the appeal, the court and case number of the order being appealed, and in some cases, a summary of the grounds for appeal. (Here is an example from Wisconsin.) Here are some key points to remember related to the Notice of Appeal:

When: Make sure to file within your state’s deadline. If you aren’t sure of the deadline, call your local legal services or consult with a private attorney to ask.
Where: Often, the Notice of Appeal must be filed in both the trial court that issued the decision you are appealing and in the appeals court. Sometimes the form itself will state where it must be filed.

Who: Before you file the Notice of Appeal, you must be sure to give (“serve”) your opposing party or his/her lawyer a copy of the Notice of Appeal. Many states will require that you “certify” that you have served the opposing party, for example, by signing a statement at the bottom of the Notice of Appeal.

Step 2: Pay the filing fee.
Typically, there is a fee for filing an appeal that must be paid to the clerk’s office in the appeals court. These fees can range from $100-$250. If you are unable to afford the filing fee, you may be eligible for a waiver based on your income. Check with the appeals court clerk’s office or the court’s website to see whether you can apply for a fee waiver.

Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case.

In some states, appellants must file a separate document with administrative information at the same time, or shortly after, filing a Notice of Appeal. For example, in Maryland you must file a “Civil Appeal Information Report” within 10 days of filing your Notice of Appeal.

Step 4: Order the trial transcripts.
Typically, the appeals court will need to review the trial transcripts, which are the written record of the trial. It is the appellant’s responsibility to order and pay for the transcripts. Usually transcripts are ordered through the trial court reporter. Check with the trial court clerk’s office to determine the process for your state. Here are some key points to keep in mind:

Transcripts are expensive. They are typically charged based on the number of pages, and therefore the cost is determined by the length of the trial. Check to see if your state offer’s transcript fee waivers based on income eligibility. If so, you will need to complete the required forms to request the waiver, which often includes a financial statement that proves your income.

Check with the trial court and/or the appellate court clerk about any deadlines related to the transcripts. Often there is a deadline for when the transcripts must be requested (and paid for), usually based on the date the Notice of Appeal is filed. For example, you may have to request the transcripts within 14 days of filing the Notice of Appeal. If your state has a deadline for when the transcripts must be prepared and they will not be ready in time, you will need to file a motion in the appeals court asking for an extension of the deadline and stating why you will not have the transcripts on time – for example, if the court reporter can’t complete the transcripts by the deadline.

Check with the appellate court as to whether you need to file any paperwork confirming that you have ordered the transcripts.

Check with the appellate court to ask if you must provide a copy of the transcript to the appellee. Typically, the trial court reporter (“court stenographer”) or whoever is preparing the transcripts will send the original directly to the trial court to be included in the record. However, often the appellant will be responsible for sending a copy of the transcript to the appellee.

Step 5: Confirm that the record has been transferred to the appellate court.
The trial court clerk will typically put together the “record,” usually after the transcripts are completed, and send it to the appeals court. The record includes all of the documents connected to your case, including the transcripts. While it is usually the lower court’s responsibility to ensure that the record is transferred, it is a good idea for you to contact the appellate court clerk’s office to check on the status of the transfer. In many states, the transfer of the record from the lower court to the appellate court is what triggers the start of the “briefing schedule,” explained below in Step 7.

Step 6: Determine what must be filed with your brief.
In most states, the appellant’s brief must include select portions of the record that support your position to make it easier for the appeals court to determine whether or not it agrees with your arguments. It could be included as attachments (“exhibits”) to the brief itself or you may have to put it in a separate document that gets filed along with the brief. In Maryland, for example, the brief must be accompanied by a “record extract,” which includes photocopies of transcript excerpts and exhibits that support your arguments. In Massachusetts, this is called a “record appendix,” and the brief must also include an attachment (“addendum”) with copies of the order being appealed and other relevant documents. Most appellate court websites have guides that will help you identify the particular requirements in your state. For example, the website for Maryland’s Court of Special Appeals includes a guide for self-represented litigants in Maryland.

Step 7: Determine when your brief must be filed.
You should receive a written notice giving you the deadlines for your briefs and the other party’s briefs, often called a briefing schedule. If you did not, contact the appellate court clerk to ask for one. Different states have different timelines for when appellate briefs are due, as well as different events that would start (trigger) the timing. In many states, the transfer of the record to the appellate court starts the timing. Typically, once the timing is triggered, the appellate court will send the parties a briefing schedule laying out the deadlines for each brief.
Many states, although not all, use the following schedule:

1. The appellant has 30 days from the triggering event to file the “opening brief.”

2. The appellee has 30 days from the time the opening brief is filed to file his/her brief.

3. The appellant has 15 days from the date the appellee’s brief is filed to file a reply brief.

The appellate court’s rules, which are usually available on the court’s website, should lay out the timing requirements of the briefing schedule for your state. Many appellate courts have helpful guides that will direct self-represented litigants to the correct rules.

Step 8: Check the length and formatting requirements for the brief.
Most appellate courts have strict rules about how long each type of brief can be and will have either a page limit or word limit. You should also check if there are any specific formatting requirements, such as font type and size. If you are unable to find these rules on the appellate court’s website, call the clerk.

Step 9: Write your brief.
As explained in Step 7 and Step 8, every state has its own specific requirements for the appellate brief. It is extremely important to consult the appellate court’s website for the relevant rules, sample briefs, and any other guidance to make sure that your brief follows all of the requirements and won’t be rejected. In addition to the specific requirements set forth in the appellate court’s rules, here are some other tips to keep in mind:

Generally, an appellant’s first brief (“opening brief”) will require:
a description or list of the errors you believe the trial court made;
a statement of the facts of the case that would be necessary for the appellate court judges to understand your arguments. The facts must have been presented during trial or at some point during the litigation; they cannot reference new information. If possible, there should be a reference to the specific parts of the record that establish the facts, which usually would be written in parenthesis after each fact. For example, “The Appellee admitted to placing a GPS on the Appellant’s car (transcript p. 74, lines 23-24);”
your arguments explaining why and how the trial court made each error your appeal is based on, supported by citations to relevant case law;
a concluding request that the appellate court overturn (“vacate”) the trial court’s order.

An appellee’s brief generally will require:
a counter-statement of facts that would be necessary for the court to understand the appellee’s arguments as to why the trial court’s decision was correct. The facts must be supported by references to the record as shown above;
the appellee’s arguments explaining how each of the appellant’s arguments is incorrect and why the trial court’s decision is correct, supported by citations to the relevant case law; a concluding request that the appellate court agree with (“affirm”) the trial court’s order.

An appellant’s reply brief, if the appellant chooses to file one, will require:
any additional facts necessary to address the appellee’s arguments; your arguments responding to the appellee’s arguments but without repeating arguments from your opening brief, if possible.

Some appellate courts’ websites provide sample appellate briefs, which can be very helpful if you are attempting to write a brief on your own. If you are attempting to find case law on your own, there is a public site called Google Scholar, which allows someone to do case law by searching for phrases that might come up in other cases. There may be state-specific resources as well, such as The People’s Law Library of Maryland. (WomensLaw is not affiliated with either of these websites and cannot vouch for the information you may find on them.)

What is a Motion to Amend or Motion to Modify?
Instead of appealing, in some cases, you may be able to request a change (modification) of the court order by filing a Motion to Amend or Motion to Modify. To request a modification of a court order, you will likely need to show that there has been a substantial change in circumstances that has happened since the order was issued. You will need to go back to the court where your order was issued and file modification forms. There will probably be a new hearing on the issue. You may also want to consult with an attorney to see if filing for a modification is appropriate under the circumstances of your case. If you are trying to modify a custody order, you can see general information about modifying a custody order at Changing a final custody order, or find state-specific information by selecting your state from the dropdown menu at same link.

What is a Motion for Reconsideration?
After trial, there are several types of motions that can be filed to address possible trial errors. You may want to consult with an attorney to see if any of these options may work better in your situation than filing an appeal. Depending on the type of motion, there are often short filing deadlines for these motions. The most common type of post-trial motion is a Motion for Reconsideration in which you are asking the judge to reconsider his/her ruling and change one specific part of the court order or the court’s overall ruling. Depending on your state’s laws, a Motion for Reconsideration may be an option in the following situations:
when you believe the judge did not consider or properly examine certain evidence or correctly apply the law; or when new evidence is available that you were not able to present before the judge made a decision.

One way that a Motion for Reconsideration may have a negative effect, however, is that if the judge rules against you, s/he may use it as an opportunity to make the ruling harder to appeal by strengthening his/her factual findings or legal analysis against your position. For more information, see our Motions for Reconsideration section.

How do I know if I can appeal my case?
You cannot appeal a court’s decision simply because you are unhappy with the outcome; the trial judge must have made a mistake that serves as a “ground” for your appeal. (A “ground” is a legal term that means a cause or basis.) We explain the types of mistakes that might be grounds to file an appeal in the section called What are the typical “grounds for appeal” that judges will consider? Usually, you must also have pointed out that mistake to the trial judge at the time it was made by objecting in court during the trial. This is called “preserving your record.” You can read more about how objections can preserve the record for appeal in What steps do I need to take during the trial to set myself up for possibly being able to appeal if I lose?

What are the typical “grounds for appeal” that judges will consider?
Although it may vary by state or by the type of case that you are appealing, typically the grounds for an appeal are as follows:

The judge made an error of law
An “error of law” generally means that the judge in your case applied the wrong rule or “legal standard” to the facts of your case. This can occur if a trial court did not follow either the statute or case law in your state that is supposed to apply in your case’s circumstances. For example, in custody cases, a judge must determine what is in the child’s best interests. Most states have laws setting forth certain factors that must be considered, typically called “best interests factors.” If one of those factors is whether or not a parent committed domestic violence but the trial judge ignores domestic violence evidence in making the custody determination, you may have grounds to appeal based on an error of law.
An error of law is the strongest type of ground for appeal because the appellate court reviewing the case does not have to give any weight to what the trial court judge did. The appellate court will look at the law that was supposed to be applied and decide whether or not the trial court judge made a mistake.

The judge made an error regarding the facts
Generally, a judge’s ruling in the trial court must be based on the facts that are proven at trial. In most cases involving domestic violence and family law, there is no jury and the judge serves as the “fact finder.” As fact finder, the judge must consider the evidence and decide whether or not a certain fact has been proven. Because the trial judge has the opportunity to directly observe the evidence through witness testimony and documents, photos, etc., most appellate courts will very rarely second guess a judge’s factual findings. Therefore, a trial judge’s factual error is the most difficult to establish on appeal. Appellate courts will generally not overturn a factual finding unless it is clearly wrong (“erroneous”) and the record leaves absolutely no question that the judge was wrong.

The judge “abused his/her discretion”
A trial judge has a great deal of power to make decisions in a case, with the exception of decisions that are strictly about applying the law. Examples of this broad power, known as “judicial discretion,” include what evidence to admit during the trial, whether to grant a motion or request made by a party, and whether to grant a protection order or approve a proposed settlement agreement. Appellate courts respect the trial court judges’ discretionary power because they recognize that trial judges are in the best position to make these decisions. In general, an appeals court will go along with (“defer to”) a trial court judge’s decisions that are within the judge’s discretion.

Most types of errors will fall into this category of judicial discretion and they are very difficult to win on appeal, although not quite as difficult as in the case of factual errors. If a judge makes an error when using this discretion, it will not be a sufficient ground for appeal unless you can show that the judge “abused” this discretion. In “abuse of discretion” cases, the error is obvious because, for example, the evidence introduced at trial clearly does not support the judge’s decision or the judge’s decision was completely unreasonable. For example, let’s say in a custody case, when weighing the required factors to determine what is in the child’s best interests, the judge applies a lot of weight to the fact that the other party’s home has one more bedroom than yours, but applies very little weight to the fact that the other party has committed domestic violence and has a substance abuse problem.

How do I start the appeals process?
Usually, you only have a short amount of time to file an appeal after the judge issues the order or decision that you want to appeal. To start the appeals process, you must file a Notice of Appeal within the time limit required by your state. The time limit will depend on what state you live in and what type of case you want to appeal and may be extended if you file a post-trial motion, such as a Motion for Reconsideration. In many states, but not all states, a Notice of Appeal must be filed within 30 days from the date of the final trial order. After you file the Notice of Appeal, there are other documents and/or further steps that will be required, sometimes called “perfecting the appeal,” and often these further steps will have deadlines. Examples of those additional steps are explained in The typical steps in the appeals process. If at all possible, you should consult with an attorney in your state about what these steps and deadlines are. If you are not able to talk to an attorney, many states have excellent appellate guides for unrepresented litigants on their judiciary websites that provide this information.

Do I need a lawyer to appeal my case?
It is possible to file an appeal on your own, but it is generally a complicated procedure that involves written arguments (briefs) and technical rules of law. It is very hard to do without a lawyer. If you do decide to file an appeal on your own, you may want to talk to a lawyer for advice as you plan your strategy. You should also check your state’s judiciary website to see if there are resources for unrepresented (pro se) litigants. Often these websites will have pro se guides for the appeals process. For legal help, you can go to our Finding a Lawyer page, although you may have to call many places to find one that does appeals.
There is also an organization called DV LEAP, which takes civil appeal cases involving domestic violence or child abuse. This generally includes restraining orders, custody, divorce, or other civil cases. You can see their application form on the DV LEAP website. For other appeals organizations, please see our National Organizations - Appeals page.

What is a motion to stay? How does it affect the order I am appealing?
When you file to appeal a judge’s order, the act of filing the appeal does not stop the court order that you are appealing from going into effect. The only way that the order would not go into effect immediately is to file a post-trial motion called a Motion to Stay and for the judge to grant a “stay,” which prevents the original order from taking effect while the appeal is going on.

States may each have their own standards for when a stay will be granted but, generally, it is difficult to obtain a stay. For example, in Washington, D.C., a Motion to Stay must show:
1. that your appeal is likely to succeed;
2. that you will suffer irreparable harm if the stay is not granted and the order is allowed to go into effect;
3. that the other party will not suffer undue harm or prejudice if the stay is granted; and
4. that the public interest weighs in favor of granting the stay.
In many states, you must file this Motion to Stay first with the trial court and, if it is denied, then you would re-file it in the appellate court. It is important to speak with an attorney from your state to find out the specific process, timeline, and criteria for filing a Motion to Stay the trial court’s order.

What is a Motion for Reconsideration?
After a trial, there are several types of motions that can be filed to address possible trial errors. The most common type of post-trial motion is a Motion for Reconsideration in which you are asking the judge to reconsider his/her ruling and change one specific part of the court order or the court’s overall ruling. Depending on your state’s laws, a Motion for Reconsideration may be an option in the following situations: when you believe the judge did not consider or properly examine certain evidence or correctly apply the law; or when new evidence is available that you were not able to present before the judge made a decision.

If you are considering also filing an appeal, however, talk to a lawyer about the pros and cons of filing a Motion for Reconsideration first. If the judge rules against you on your motion, s/he may use it as an opportunity to make the ruling harder to appeal by strengthening his/her factual findings or legal analysis against your position. For more information about appeals, see our File an Appeal section.

When do I file a Motion for Reconsideration?
The deadline to file a Motion for Reconsideration will be a certain period of time after the judge has issued the order that you would like to have reconsidered or after you are served with the order, often between 14 and 30 days. You may want to speak with a lawyer in your state about the time line to file a motion. Usually filing a Motion for Reconsideration will suspend the deadline for filing a Notice of Appeal, and the “clock” won’t start until the trial court judge decides the motion. It is important to confirm with a lawyer in your state whether this is true in your state.

What will a judge consider in a Motion for Reconsideration?
The exact factors a judge will consider when deciding whether to grant your Motion for Reconsideration will depend on your state’s laws. Generally, a judge will consider factors such as whether: there is new evidence that is significant to the legal issue and was not available when the case ended, despite your best efforts to get that evidence; the final decision was made after an incorrect interpretation of the law or the law has changed since the judge made his/her final decision; and denying the Motion for Reconsideration will result in an obvious injustice.

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