Family Law Appeals

How soon do I need to file a notice of appeal in a family law case
You must file your appeal within 42 days from the entry of the final judgment in your case.

Where do I file a notice of appeal?
Your notice is filed with the court clerk in the county where your case was heard and your judgment entered.

Why should I hire an attorney to assist with my appeal?

The rules for filing briefs, including the number of pages or number of words allowed, the typeface, font, and subsections required, and how to provide the record on appeal can be tricky to maneuver through. In state court appeals, you must pay the clerk the estimated fee for the record before filing the notice of appeal and your attorney can help you order the transcripts and the record.

Law Book with Gavel

Additionally, the state appellate courts require appellate briefs to contain certain required sections of information that appellate attorneys should be very familiar with. The courts also require a statement of the issues and an experienced attorney will have handled hundreds, if not thousands, of cases that provide examples of what kinds of issues are appealable and should be brought to the appellate court’s attention. Finally, there are particular standards of review that apply to different types of issues, and an experienced attorney will be able to view your case through the lens of the legal standard that the appellate court will apply.

How long does it take for an appeal to proceed from start to finish?
It depends. Most family law cases are first appealed to a District Judge and then to the Idaho Supreme Court if necessary. This process can take months depending on the availability of the Court to conduct oral arguments.

Need help with your appeal?
Set up a consultation today with Davis and Hoskisson, PLLC.