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HELP!. Self help -Superior court civil appeal!!!!

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klyncher

Member
What is the name of your state? RI

Trying this forum to see if I can get some advice on appealing a small claims/distric court case in superior court. I cant find any court coaching services, document prep services, legal counsel or any type of legal services to assist me even for a fee. So I implore this forum for some help.

Same day I lost the small claims (7/6/06) I filed an appeal. Was told to simply wait for a hearing date. I inquired with the clerks office on what was the process for the appeal and athey dont have a clue??? they insist to just wait for my hearing which is not scheduled as yet. However, when I consulted with an attorney I was told not to send any motions of documents request until they (plaintiffs) respond to my appeal.
THe paralegal mentioned that I should have received an appeal confirmation/receipt or proof of my filing, none of which I received .

Small claims explained the appeal is sent to superior to be assigned a docket # (filed 7/12/06) and I recently inquired with the superior court clerks for the 6th time and discovered that they didnt even have my address on file :eek: and dont seem to know much either!!!. They were bouncing me from clerk to clerk.

Superior court says they dont send anything other than the hearing schedule and they dont know what else happens. THe head clerk says its up to the plaintiff to pursue the appeal I made since they won the small claims ???? dont make sense. THe clerk manager says I must notify the plaintiff of my intention of appeal.
The RI court has no information to assist or inform you on Superior court process/appeal and no one is willing to explain claiming it would be considered as legal advice.

I am prepared to appeal this however, what I need is a confirmation of whether I need to officially notify the plaintif of my appeal. I cant seem to get a definitive answer on this. BAsed on my research some states consider the appeal form as notice and some require formal notification, but I can't seem to get a definitive answer for Rhode Island.
THe plaintiffs havent pursued the judgement they won on 7/6/06 as yet.

1.Do I need to sent a "Notice of appeal" in Rhode Island or does the appeal form I filed at small claims considered the notice???.

2.CAn I sent a copy of the form I filed (requested from the clerks office)???

3.What format or form and timeline to file or send to the plaintiff as notification of my appeal.????


PLEASE SOMEONE HELP!!! URGENT!!:(
 


klyncher

Member
It appears that I may have missed my deadline to notify the plaintiff or other party of my appeal.

"The party claiming the appeal shall send a copy
of the notice of appeal to the opposing party or parties, or if represented by counsel, to their counsel of record, within five (5) days after the filing of the notice of appeal. If an appeal be so claimed the case and papers shall be certified and transmitted to the Superior Court in accordance with statutory law."


So, I can someone tell me if can I still appeal a small claim judgement in Superior court after failing to notify the other party as required. What options do I have for appeal, do I re- file to appeal all over again, or*****************?????

Please Help!!
 

klyncher

Member
Subpoenas- who can be subpoened

I wanted to know if I can subpoena a state worker to appear in court to testify and certify on my behalf . My appeal is based primarily on information provided by the RE Commission Dept confirming violations commited by the plaintiff(s) and apparent misdemeanor for performing realty services without a license.

I fear that a notarized letter f rom the RE Commission may not be admissable in court or accepted by the judge.
 

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