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APPEAL PROCEDURES


Appeals from General District Court and Juvenile Domestic Relations District Court to the Circuit Court are noted in that particular Court. Cases from General District Court are set by the Circuit Court for term day, and Juvenile and Domestic Relations District Court sets the appeal court date on a day available for the Circuit Court. The Circuit Court usually does not receive the case right away, so to verify if the Middlesex Circuit Court has received the case, you may want to check the Supreme Court Case Management website.


Cases appealed from the Circuit Court to the Court of Appeals or Supreme Court are noted in the Circuit Court within 30 days after entry of a final order by filing a written Notice of Appeal along with the appropriate filing fee and bond. The Notice must indicate the date of the final order and the Court to which the case is being appealed. The appeal procedures for both the Supreme Court and the Court of Appeals are set out in the Rules of the Supreme Court, Volume 2, Parts 5 & 5A. It is the responsibility of the parties to make sure that all transcripts, statements of facts, and notices are sent to the appellate court within the time frame required. It is also the responsibility of the parties to make sure that they follow proper procedure in filing appeal documents with the appellate court.


After the appeal is filed, the Circuit Court Clerk’s Office is responsible for sending the case to the appropriate appellate court along with a table of contents. This does not mean that you will get a new trial; however, the appellate court will determine if a judicial error was made in the case. The appellate court will then issue a final ruling reversing or affirming the ruling from the Circuit Court. If the case is reversed, it will be remanded back to the Circuit Court for a new trial. If the case is affirmed, the appeal will be dismissed.


PLEASE REMEMBER THAT THE CIRCUIT COURT CLERK’S OFFICE STAFF IS STRICTLY PROHIBITED BY LAW IN GIVING LEGAL ADVICE.



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