Free Rule 7 Notice of Mandatory Appeal - New Hampshire


File Size: 114.5 kB
Pages: 4
Date: September 19, 2008
File Format: PDF
State: New Hampshire
Category: Court Forms - State
Author: NHJB
Word Count: 898 Words, 5,469 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.courts.state.nh.us/forms/nhjb-2296-supreme.pdf

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THE STATE OF NEW HAMPSHIRE
JUDICIAL BRANCH
http://www.courts.state.nh.us

RULE 7 NOTICE OF MANDATORY APPEAL
This form should be used for an appeal from a final decision on the merits issued by a superior court, district court, probate court or family division court except for a decision from: (1) a post-conviction review proceeding; (2) a proceeding involving a collateral challenge to a conviction or sentence; (3) a sentence modification or suspension proceeding; (4) an imposition of sentence proceeding; (5) a parole revocation proceeding; (6) a probation revocation proceeding; (7) a landlord/tenant action or a possessory action filed under RSA chapter 540; (8) an order denying a motion to intervene; or (9) a domestic relations matter filed under RSA chapters 457 to 461-A other than an appeal from a final divorce decree or from a decree of legal separation. (An appeal from a final divorce decree or from a decree of legal separation should be filed on a Rule 7 Notice of Mandatory Appeal form.) 1. COMPLETE CASE TITLE AND CASE NUMBERS IN TRIAL COURT

2. COURT APPEALED FROM AND NAME OF JUDGE(S) WHO ISSUED DECISION(S)

3A. NAME AND ADDRESS OF APPEALING PARTY. IF REPRESENTING SELF, PROVIDE TELEPHONE NUMBER

3B. NAME, FIRM NAME, ADDRESS AND TELEPHONE NUMBER OF APPEALING PARTY'S COUNSEL

4A. NAME AND ADDRESS OF OPPOSING PARTY

4B. NAME, FIRM NAME, ADDRESS AND TELEPHONE NUMBER OF OPPOSING PARTY'S COUNSEL

NHJB-2296-SUPREME (09/01/2008)

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Case Name: RULE 7 NOTICE OF MANDATORY APPEAL 5. NAMES OF ALL OTHER PARTIES AND COUNSEL IN TRIAL COURT

6. DATE OF CLERK'S NOTICE OF DECISION OR SENTENCING. ATTACH COPY OF NOTICE AND DECISION.

7. CRIMINAL CASES: DEFENDANT'S SENTENCE AND BAIL STATUS

DATE OF CLERK'S NOTICE OF DECISION ON POSTTRIAL MOTION, IF ANY. ATTACH COPY OF NOTICE AND DECISION.

8. APPELLATE DEFENDER REQUESTED?

YES

NO

IF YOUR ANSWER IS YES, YOU MUST CITE STATUTE OR OTHER LEGAL AUTHORITY UPON WHICH CRIMINAL LIABILITY WAS BASED AND ATTACH FINANCIAL AFFIDAVIT (OCC FORM 4)

9. IS ANY PART OF CASE CONFIDENTIAL? IF SO, IDENTIFY WHICH PART AND CITE AUTHORITY FOR YES NO CONFIDENTIALITY. SEE SUPREME COURT RULE 12.

10. IF ANY PARTY IS A CORPORATION, LIST THE NAMES OF PARENTS, SUBSIDIARIES AND AFFILIATES.

11. DO YOU KNOW OF ANY REASON WHY ONE OR MORE OF THE SUPREME COURT JUSTICES WOULD BE YES NO DISQUALIFIED FROM THIS CASE? IF YOUR ANSWER IS YES, YOU MUST FILE A MOTION FOR RECUSAL IN ACCORDANCE WITH SUPREME COURT RULE 21A. 12. IS A TRANSCRIPT OF TRIAL COURT PROCEEDINGS NECESSARY FOR THIS APPEAL? YES NO IF YOUR ANSWER IS YES, YOU MUST COMPLETE THE TRANSCRIPT ORDER FORM ON PAGE 4 OF THIS FORM.
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Case Name: RULE 7 NOTICE OF MANDATORY APPEAL 13. LIST SPECIFIC QUESTIONS TO BE RAISED ON APPEAL, EXPRESSED IN TERMS AND CIRCUMSTANCES OF THE CASE, BUT WITHOUT UNNECESSARY DETAIL. STATE EACH QUESTION IN A SEPARATELY NUMBERED PARAGRAPH. SEE SUPREME COURT RULE 16(3)(b).

14. CERTIFICATIONS I hereby certify that every issue specifically raised has been presented to the court below and has been properly preserved for appellate review by a contemporaneous objection or, where appropriate, by a properly filed pleading.
Appealing Party or Counsel

I hereby certify that on or before the date below, copies of this notice of appeal were served on all parties to the case and were filed with the clerk of the court from which the appeal is taken in accordance with Rule 26(2).
Date Appealing Party or Counsel

NHJB-2296-SUPREME (09/01/2008)

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Case Name: RULE 7 NOTICE OF MANDATORY APPEAL

TRANSCRIPT ORDER FORM INSTRUCTIONS: 1. If a transcript is necessary for your appeal, you must complete this form. 2. List each portion of the proceedings that must be transcribed for appeal, e.g., entire trial (see Supreme Court 15(3)), motion to suppress hearing, jury charge, etc., and provide information requested. 3. Determine the amount of deposit required for each portion of the proceedings and the total deposit required for all portions listed. Do not send the deposit to the Supreme Court. You will receive an order from the Supreme Court notifying you of the deadline for paying the deposit amount to the court transcriber. Failure to pay the deposit by the deadline may result in the dismissal of your appeal. 4. The transcriber will produce a digitally-signed electronic version of the transcript for the Supreme Court, which will be the official record of the transcribed proceedings. A paper copy of the transcript will be prepared for the court. Parties will be provided with an electronic copy of the transcript in PDF format.
DATE OF PROCEEDING TYPE OF PROCEEDING LENGTH OF PROCEEDING NAME OF JUDGE(S) PORTIONS PREVIOUSLY PREPARED DEPOSIT (SEE SCHEDULE BELOW)

$ $ $ $ $ $
TOTAL DEPOSIT:

DO NOT SEND DEPOSIT AT THIS TIME.

$

SCHEDULE OF DEPOSITS
Length of Proceeding Hearing or trial of one hour or less Hearing or trial up to ½ day Hearing or trial of more than ½ day Deposit Amount $ 175 $ 450 $ 900/day

NOTE: The deposit is an estimate of the transcript cost. After the transcript has been completed, you may be required to pay an additional amount if the final cost of the transcript exceeds the deposit. Any amount paid as a deposit in excess of the final cost will be refunded. The transcript will not be released to the parties until the final cost of the transcript is paid in full.

NHJB-2296-SUPREME (09/01/2008)

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