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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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quincy

Senior Member
if this seems like a reasonable answer, i am certainly in the wrong virtual place. i could see something like advice given to maybe organize one's questions...or anything but "hire an attorney"? professional courtesies, i guess.
This forum is limited in space and the volunteers are limited by time. We cannot "teach" a poster everything they need to know about filing a motion for their (undescribed) case. We can direct the poster to resources.

There are some questions asked here that indicate the poster needs more assistance than can be had on an Internet forum. When we determine that, we always advise the poster seek out professional legal help in their area. It perhaps is advice the poster doesn't want to hear but it is often the best advice that can be offered.
 


Mass_Shyster

Senior Member
if this seems like a reasonable answer, i am certainly in the wrong virtual place. i could see something like advice given to maybe organize one's questions...or anything but "hire an attorney"? professional courtesies, i guess.
It appears from the poster's questions that he or she really has no idea what to do.

Some basic answers:
Q: In my home state of Florida, how do I file a motion for an appeal as a pro per litigant
A: - Generally, one does not file a "motion for an appeal". If one is appealing a decision by a court, one files a notice of appeal within the correct timeframe of the decision being appealed, and files briefs in the appeals court within the time frame instructed by the court.

Q: and how do I file a motion, period
A: Walk into the clerk's office and hand the motion to the clerk. You may also be able to mail or fax the motion

Q: and how do I write up a subpoena as a pro per defendant
A: You follow the appropriate rules of civil procedure or rule of criminal procedure.

Q: Where can I find further information on how to do these things
A: A Law School or a Law Library

Q: How do I file a federal appeal?
A: File a notice of appeal in the Federal District Court that issued the decision that you are appealing. File your brief in the Circuit Court of Appeals within the time frame given by the appeals court. Check the local rules, because you may be required to order a transcript of the hearing.

One of the reasons that I write that the original poster doesn't appear to understand the basics is due to the various, apparently related, questions asked.

One cannot appeal a state court decision to a federal court. An exception is when you are appealing a ruling from the highest court in the state to the Supreme Court of the United States. That is done with a writ of certiorari.

An appeal can only be decided on the evidence presented in the court below. One does not issue a subpoena for an appeal. All of the evidence was provided to the court below.

Although it's tempting to analogize this to someone asking how to remove their own appendix, that's really too easy. So how about this:

Someone asks how to drive from Massachusetts to California.

The answer can be anything from

"Drive West"

to

Check the gas, oil, and tire pressure in your car. Get in your car. Put the key in the ignition. Turn the key to the Start position and hold it there until the engine starts. Release the key and let it return to the run position. If it is dark, turn on the headlights. If it is raining, turn on the windshield wipers. Depress the brake pedal. Put the gearshift lever into reverse. Look out the back window and proceed backwards until you are in the middle of the street. Place the gearshift lever into drive. Drive to the end of the street. Stop. Wait for the traffic to pass. Turn right. Drive to the end of the street. Wait for the traffic to clear. Turn left. Proceed to the first intersection. Bear Right onto the on ramp. Merge into the traffic on the highway. Take the eleventh exit to I-90 West. Continue on I-90 West until you reach California.

This all assumes that the person is properly licensed, has a vehicle that is capable of making it to California, knows how to fill the gas tank, and can drive for 3000 miles without sleeping. Finding a place to sleep is a completely new set of issues.
 

not2cleverRed

Obvious Observer
It appears from the poster's questions that he or she really has no idea what to do.

Some basic answers:
Q: In my home state of Florida, how do I file a motion for an appeal as a pro per litigant
A: - Generally, one does not file a "motion for an appeal". If one is appealing a decision by a court, one files a notice of appeal within the correct timeframe of the decision being appealed, and files briefs in the appeals court within the time frame instructed by the court.

Q: and how do I file a motion, period
A: Walk into the clerk's office and hand the motion to the clerk. You may also be able to mail or fax the motion

Q: and how do I write up a subpoena as a pro per defendant
A: You follow the appropriate rules of civil procedure or rule of criminal procedure.

Q: Where can I find further information on how to do these things
A: A Law School or a Law Library

Q: How do I file a federal appeal?
A: File a notice of appeal in the Federal District Court that issued the decision that you are appealing. File your brief in the Circuit Court of Appeals within the time frame given by the appeals court. Check the local rules, because you may be required to order a transcript of the hearing.

One of the reasons that I write that the original poster doesn't appear to understand the basics is due to the various, apparently related, questions asked.

One cannot appeal a state court decision to a federal court. An exception is when you are appealing a ruling from the highest court in the state to the Supreme Court of the United States. That is done with a writ of certiorari.

An appeal can only be decided on the evidence presented in the court below. One does not issue a subpoena for an appeal. All of the evidence was provided to the court below.

Although it's tempting to analogize this to someone asking how to remove their own appendix, that's really too easy. So how about this:

Someone asks how to drive from Massachusetts to California.

The answer can be anything from

"Drive West"

to

Check the gas, oil, and tire pressure in your car. Get in your car. Put the key in the ignition. Turn the key to the Start position and hold it there until the engine starts. Release the key and let it return to the run position. If it is dark, turn on the headlights. If it is raining, turn on the windshield wipers. Depress the brake pedal. Put the gearshift lever into reverse. Look out the back window and proceed backwards until you are in the middle of the street. Place the gearshift lever into drive. Drive to the end of the street. Stop. Wait for the traffic to pass. Turn right. Drive to the end of the street. Wait for the traffic to clear. Turn left. Proceed to the first intersection. Bear Right onto the on ramp. Merge into the traffic on the highway. Take the eleventh exit to I-90 West. Continue on I-90 West until you reach California.

This all assumes that the person is properly licensed, has a vehicle that is capable of making it to California, knows how to fill the gas tank, and can drive for 3000 miles without sleeping. Finding a place to sleep is a completely new set of issues.
Only works from your neighborhood.
 

Shadowbunny

Queen of the Not-Rights
if this seems like a reasonable answer, i am certainly in the wrong virtual place. i could see something like advice given to maybe organize one's questions...or anything but "hire an attorney"? professional courtesies, i guess.
If you found adjusterjack's answer to be unreasonable then you most certainly are in the wrong place. Answering the OP's question the way it was posed would have been out of bounds for this forum.
 
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