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How do I write a motion, subpoena, or file an appeal? How do I also file a motion and/or subpoena as a pro per defendant?

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Nicrox20

New member
In my home state of Florida, how do I file a motion for an appeal as a pro per litigant, and how do I file a motion, period, and how do I write up a subpoena as a pro per defendant? Where can I find further information on how to do these things? How do I file a federal appeal?
 


adjusterjack

Senior Member
Sorry, but we can't give you step by stem instructions. You can google those questions and what you can't find on the internet or on your court's website, you might find in a local law library. And if you can't figure it out with those resources I suggest you hire yourself a lawyer.
 

Taxing Matters

Overtaxed Member
In my home state of Florida, how do I file a motion for an appeal as a pro per litigant, and how do I file a motion, period, and how do I write up a subpoena as a pro per defendant? Where can I find further information on how to do these things? How do I file a federal appeal?
If this was a conviction in state court then you cannot make an appeal to a federal court until you have exhausted all your state court appeals. And even then, you must have raised in your state court appeals an issue of federal law. If you lose in the state courts on the federal law issues, then you may ask the U.S. Supreme Court to review the federal law determinations made by the state court. But that appeal is not automatic; the Supreme Court has to agree to take the case, and only about 1% of the appellants seeking Supreme Court review get that review granted by the court. So realistically, you need to win in your state court appeals.

As for doing the state court appeal, it is not done by motion. It is done by filing a notice of appeal with the trial within 30 days of the entry of the final judgment (the conviction). From there you'd need to file your appellant's brief. See the Florida Rules of Appellate Procedure. These are not things that we can assist you with, and you need to get it right or you may lose your appeal just on procedural mistakes. I completely agree with quincy, you really need to find a criminal appellate attorney ASAP to assist you with this. You get just one shot at the appeal process, so don't blow it.
 

quincy

Senior Member
To round out the links :), here to add to Taxing Matters link to the Florida Rules of Appellate Procedure is a link to the Federal Rules of Appellate Procedure:

And, finally, here are two more links, to the Florida Bar Association and to AttorneyPages.com, where you can find an attorney in your area if you discover the task ahead of you overwhelmes:
 

HighwayMan

Super Secret Senior Member
In my home state of Florida, how do I file a motion for an appeal as a pro per litigant, and how do I file a motion, period, and how do I write up a subpoena as a pro per defendant? Where can I find further information on how to do these things? How do I file a federal appeal?
As much as you would like to believe so, this hardly seems like a do-it-yourself matter. Many attorneys don't even touch appeals - it's a fairly specialized area of practice from what I see. You really don't stand much of a chance on your own.
 

Just Blue

Senior Member
In my home state of Florida, how do I file a motion for an appeal as a pro per litigant, and how do I file a motion, period, and how do I write up a subpoena as a pro per defendant? Where can I find further information on how to do these things? How do I file a federal appeal?
Are you currently in prison? What were you convicted of? Why do you think you have grounds for an appeal?
 

quincy

Senior Member
As much as you would like to believe so, this hardly seems like a do-it-yourself matter. Many attorneys don't even touch appeals - it's a fairly specialized area of practice from what I see. You really don't stand much of a chance on your own.
I think the 400+ pages of the various Rules of Procedure is generally enough to make anyone realize they need the assistance of an attorney. :)
 

Ohiogal

Queen Bee
As much as you would like to believe so, this hardly seems like a do-it-yourself matter. Many attorneys don't even touch appeals - it's a fairly specialized area of practice from what I see. You really don't stand much of a chance on your own.
I flipping love appeals. It is all research and procedure and steps and … LOVE IT. But yeah, doing it pro per is NOT the way to go and many attorneys I know recommend their appeals to me. Seriously.
 

Ohiogal

Queen Bee
I think the 400+ pages of the various Rules of Procedure is generally enough to make anyone realize they need the assistance of an attorney. :)
You would think but some don't. I have one client right now who continues to tell me that I shouldn't have appealed to have the case reversed and remanded but should have appealed to get her found innocent. (Umm, appeals don't find people innocent.)
 

quincy

Senior Member
You would think but some don't. I have one client right now who continues to tell me that I shouldn't have appealed to have the case reversed and remanded but should have appealed to get her found innocent. (Umm, appeals don't find people innocent.)
It is often the case that pro se litigants fail in their legal actions by not knowing exactly how much it is that they don't know. :)
 

Just Blue

Senior Member
I flipping love appeals. It is all research and procedure and steps and … LOVE IT. But yeah, doing it pro per is NOT the way to go and many attorneys I know recommend their appeals to me. Seriously.
That cause you are an EXCELLENT Attorney and can argue intelligently.:cool:
 
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