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Appeal Assistance



 
 
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  #1  
Old December 19th 04, 03:18 AM
nolawyer
external usenet poster
 
Posts: n/a
Default Appeal Assistance

Robert Hirschfeld, JD
Can Write Your Pro-Se Appeal Brief
Phone 011 52 638 382 0214 Email

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Time is Running! Use this Free Form YOURSELF
before 30 days from date of signed judgment!

APPELLATE RIGHTS
"Take a bite out of Bad Court Decisions"

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NOTICE OF APPEAL FORM


Copy the simple one page form from this screen or ask

to
email you as a file attachment the self-expanding file "NAPPL.EXE"
containing
this form in many popular word processor formats.

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(YOUR NAME)
(YOUR STREET ADDRESS)
(YOUR CITY/STATE/ZIP)
(YOUR PHONE NUMBER)
Appellant, In Propria Persona


(NAME OF COURT WHERE
JUDGMENT/DECREE TO BE APPEALED WAS ENTERED)

(CAPTION OF YOUR CASE; Edit to make it look similar to documents filed in
your
case)

_____________________________________)
_____________________________________) No. (CASE NUMBER OF CASE
_____________________________________) IN WHICH JUDGMENT TO BE
_____________________________________) APPEALED WAS ENTERED)
_____________________________________)
_____________________________________)
_____________________________________) NOTICE OF APPEAL
_____________________________________)
_____________________________________)
_____________________________________)
NOTICE IS GIVEN that (YOUR NAME) hereby Appeals from the

(Judgment/Decree/Decision, etc.) entered herein on (DATE JUDGMENT

WAS SIGNED) by the Honorable (NAME OF JUDGE OR JUDICIAL OFFICIAL

WHO SIGNED JUDGMENT) in the above-captioned action.


DatedDATE)_______________________

_____________________________
(YOUR NAME)
(YOUR STREET ADDRESS)
(YOUR CITY/STATE/ZIP)
(YOUR PHONE NUMBER)
Appellant, In Propria Persona

Original filed with the
Clerk of this Court, along
with any fees required by the clerk,
and copies mailed/delivered on
this date (DATE OF FILING/MAILING) to:


(NAME AND ADDRESS OF OTHER PARTY OR ATTORNEY FOR OTHER PARTY)
(NAME AND ADDRESS OF JUDGE WHO SIGNED THE JUDGMENT APPEALED FROM)
(OTHER PARTIES WHO RECEIVED COPIES IN THIS CASE)


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INSTRUCTIONS AND PRECAUTIONS FOR USE
OF THE NOLAWYER NOTICE OF APPEAL

1. NEVER assume that a universal document is correct for your state and
court;
try to determine BEFORE YOU FILE if the above form will be acceptable to
the
Clerk of your court. It is believed by NOLAWYER to contain the minimum
basic
elements for the filing of a notice of appeal anywhere, but no guarantees
of
format, sufficiency or acceptability are made.

2. Find out IMMEDIATELY how many days you have from the date of signing of
your Judgment/Decree or other FINAL order to file a Notice of Appeal. In
some
courts and in some kinds of cases, it can be 10, 20 or 30 days. IF YOU WAIT
BEYOND THE APPEAL PERIOD FOR YOUR CASE, YOU HAVE LOST YOUR RIGHT OF APPEAL
AND CANNOT FILE THE NOTICE. SPEED IS CRUCIAL!!!!

3. Check with the Clerk of Court as to where the Notice of Appeal and
subsequent papers are to be filed. In most instances, the initial Notice of
Appeal is filed in the Court that issued the Judgment or Decree that you
are
appealing, not in the higher appeals court. Later papers may go to the
higher
court, depending upon procedures in your state. Ask the Clerk to be sure!

4. The Clerk may, instead of accepting this form, require that you use the
Clerk's own provided form. Go with the flow. Fill out theirs, if that's
what
they want. What's important is to FILE A TIMELY NOTICE OF APPEAL TO STOP
THE
CLOCK FROM RUNNING.

4. You may be required, depending on your state and court rules, to pay
various fees or bonds along with the Notice of Appeal. The Clerk should be
able to tell you what these are. There may be a simple Appeal Filing Fee.
If
the judgment you are appealing requires you to pay a sum of money, the
filing
of the Notice of Appeal alone may not stop the other party's right to
collect. A "supersedeas bond" in the amount of the judgment or larger may
be
required to be posted in order to stop collection or execution ofthe
judgment
while it is on appeal.

5. To carry through your appeal, be prepared to arrange and pay for, if
necessary, the preparation of a complete Court Reporter's Transcript of
what
was said at your trial, if any, and possibly to pay for the Clerk's
photocopy
costs required to send the Appeals Court a copy of the file (the papers
filed
by both sides plus notations or memoranda placed into the file by the Court
itself. You may be required to obtain a "docket" or listing of the papers
already in your court file, originals or copies of which will be sent up to
the higher court. In some instances, you may save a portion of the clerk's
photocopying expense by giving the clerk a clearly prepared list of only
those docket papers which you wish to have the court of appeals refer to.
Safest is to let all the court's docketed papers be transmitted to the
higher
court.

6. EITHER you will be sent a "briefing schedule" telling when your "Opening
Brief" will be due, or your state may have a fixed number of days (usually
more than 30) AFTER the Notice of Appeal is filed, in which you must
prepare
and file your Opening Brief. Beware! Failure to pay fees or to timely file
the Opening Brief may result in permanent dismissal of your Appeal.
Sometimes
a written motion for extension of time will succeed in delaying the
briefing
schedule, BUT THE NUMBER OF DAYS FOR FILING THE NOTICE OF APPEAL IN MOST
CASES CANNOT BE EXTENDED.

If you need assistance in researching and preparing your Appeal Briefs, you
may wish to hire an experienced document preparer such as


NOLAWYER
011 52 638 382 0214 (Mexico)
email:

Web Page:
http://www.nolawyer.com

Lawyer-quality document preparation at NOLAWYER prices.

Checks, Visa, Mastercard, Discover, American Express are accepted
Free copies of the foregoing form, "NOTICE OF APPEAL" may be obtained in
paper
form by sending a self-addressed envelope with one ounce US postage prepaid
(stamp) to
Robert Hirschfeld, PO Box 696, Lukeville AZ 85341 (SLOW! Don't miss 30 day
deadline!!!), or as files usable in a number of popular word-processor
formats by Internet file transfer requested from
The file NAPPL.EXE is opened by typing the file's location on your computer
followed by NAPPL. The file will unzip itself into several word-processor
version files, including:

NAPPMSW5.DOC Microsft Word for Dos version 5.0 and higher
NAPPMSW6.DOC Microsoft Word for Windows 2.1-6.1
NAPPMSWW. Microsoft Windows Write 3.x
NAPPWP4. Word Perfect for DOS 4.0 and higher
NAPPWP5. Word Perfect for DOS 5.0 and higher
NAPPWP6. Word Perfect for Windows 6.0 and higher
NAPPAMI. Ami Pro 1.x-3.1
NAPPWS33. Wordstar 3.3 and higher
NAPPWS70. Wordstar 7.0
NAPPWSFW. Wordstar for Windows
NAPPMCII. MacWrite II, 1.0-1.1 (extract file on IBM compat)
NAPPMCWR. MacWrite 4.5-5.0 (extract file on IBM compat)
NAPPASC.TXT Ascii Text readable by almost any word processor


You may edit the form with your word processor, or, because it is so simple,
you may simply reproduce the form with a typewriter, filling in the
appropriate information. Make extra copies to present to the clerk for
stamping and/or for delivery or mailing to the Judge and the other parties
to
the appealed action.


DON'T LET BAD JUDGMENTS/DECREES
BECOME PERMANENT!
APPEAL THEM!!!!!!


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HOW2, PO Box 696, Lukeville AZ 85341-0696
(Voice Credit Card Orders: 011 52 638 382 0214)

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Self-Representation Educational Videotapes

"Introduction to Courts and Civil Procedure"
HOW2 Represent Yourself in Court Without a Lawyer - Videotape #1
1 1/4 hour VHS -- $19.95 plus $3.85 Priority Mail Postage

"The Appeal Process"
HOW2 Represent Yourself on Appeal Without a Lawyer - Videotape #2
1 3/4 hour VHS -- $19.95 plus $3.85 Priority Mail Postage

"Power and Pitfalls of Federal Court"
What Federal Courts can and cannot do; Deciding to file a Federal action
Videotape #3
1 1/2 hour VHS -- $19.95 plus $3.85 Priority Mail Postage

"Preparing for Trial"
What to expect, and how to prepare for trial
Videotape #4
1 3/4 hour VHS -- $19.95 plus $3.85 Priority Mail Postage

"The Buck Stops Here - US Supreme Court"
Special requirements to file in the United States Supreme Court
Videotape #5
1 3/4 hour VHS -- $19.95 plus $3.85 Priority Mail Postage

All five videos for $99. postpaid

Bob Hirschfeld, JD presented these seminars, which were videotaped, at
recent
conventions of the National Congress for Fathers and Children (NCFC).
Tape #1 is an excellent introduction to basic procedure, sequence of what
happens from filing through motions, discovery, trial, post-trial, with the
insights and techniques gained by Bob Hirschfeld in ten years of Domestic
Relations practice.

Tape #2 is a practical seminar on Appeals; what can and cannot be appealed,
preparations necessary before appeal, the nuts and bolts of the appeal
process. Chock full of practical hints, warnings, explanations.

Tape #3 teaches what federal courts can and cannot do; too many pro-se
litigants file fatally flawed complaints without first understanding the
limitations, immunities, abstention doctrines, and peculiarities of federal
Court jurisdiction and capability. This tape helps decide whether or not to
use a federal court approach, and helps avoid the basic pitfalls if the
decision is to go federal.

Tape#4 is essential for trial preparation; what to expect at trial, tricks
from the other side, etc.

Tape #5 Procedures leading up the filing of a Petition for Certiorari in the
United States Supreme Court, format and contents of the petition, ninety
day
absolute deadline, appropriate Supreme Court topics in the areas of fathers
and children's rights.

All five tapes are useful in representing yourself, and to show to meetings
of
fathers rights, court reform or pro-se advocates and organizations.

SECURE CREDIT CARD ORDERING ONLINE
Or, you may send a check or money order for $23.85 EACH, made out to "HOW2"
$99.00 for all five, postpaid

Cash sent by mail is at your risk. (Inquire about outside-USA
payment/shipment.)
HOW2, PO Box 696, Lukeville AZ 85341-0696
(Voice Credit Card Orders: 011 52 638 382 0214



  #2  
Old December 23rd 04, 04:47 PM
nolawyer
external usenet poster
 
Posts: n/a
Default

to make room for a sense of purpose and for autonomy
within the system are no better than a joke. For example, one company,
instead of having each of its employees assemble only one section of a
catalogue, had each assemble a whole catalogue, and this was supposed
to give them a sense of purpose and achievement. Some companies have
tried to give their employees more autonomy in their work, but for
practical reasons this usually can be done only to a very limited
extent, and in any case employees are never given autonomy as to
ultimate goals -- their "autonomous" efforts can never be directed
toward goals that they select personally, but only toward their
employer's goals, such as the survival and growth of the company. Any
company would soon go out of business if it permitted its employees to
act otherwise. Similarly, in any enterprise within a socialist system,
workers must direct their efforts toward the goals of the enterprise,
otherwise the enterprise will not serve its purpose as part of the
system. Once again, for purely technical reasons it is not possible
for most individuals or small groups to have much autonomy in
industrial society. Even the small-business owner commonly has only
limited autonomy. Apart from the necessity of government regulation,
he is restricted by the fact that he must fit into the economic system
and conform to its requirements. For instance, when someone develops a
new technology, the small-business person often has to use that
technology whether he wants to or not, in order to remain competitive.



THE 'BAD' PARTS OF TECHNOLOGY CANNOT BE SEPARATED FROM THE 'GOOD' PARTS



121. A further reason why industrial society cannot be reformed in
favor of freedom is that modern technology is a unified system in
which all parts are dependent on one another. You can't get rid of the
"bad


  #3  
Old December 23rd 04, 06:40 PM
nolawyer
external usenet poster
 
Posts: n/a
Default

In doing so they will be worsening the
population problem only slightly. And the most important problem is to
get rid of the industrial system, because once the industrial system
is gone the world's population necessarily will decrease (see
paragraph 167); whereas, if the industrial system survives, it will
continue developing new techniques of food production that may enable
the world's population to keep increasing almost indefinitely.

206. With regard to revolutionary strategy, the only points on which
we absolutely insist are that the single overriding goal must be the
elimination of modern technology, and that no other goal can be
allowed to compete with this one. For the rest, revolutionaries should
take an empirical approach. If experience indicates that some of the
recommendations made in the foregoing paragraphs are not going to give
good results, then those recommendations should be discarded.

TWO KINDS OF TECHNOLOGY



207. An argument likely to be raised against our proposed revolution
is that it is bound to fail, because (it is claimed) throughout
history technology has always progressed, never regressed, hence
technological regression is impossible. But this claim is false.

208. We distinguish between two kinds of technology, which we will
call small-scale technology and organization-dependent technology.
Small-scale technology is technology that can be used by small-scale
communities without outside assistance. Organization-dependent
technology is technology that depends on large-scale social
organization. We are aware of no significant cases of regression in
small-scale technology. But organization-dep


 




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