Best Notice of Appeal Ever
It would be hard to find a court filing more boring than the notice of appeal. For all you non-lawyers, it's the document by which a losing litigant gives notice of her intention to appeal. The notice of appeal gets filed with the court and served on the opposing party.
Usually the notice of appeal is a formulaic, bare-bones document that just identifies the decision being appealed from, the court being appealed to, etc. But this one is a bit more colorful:*
For penning such a wonderfully spirited notice of appeal, George C. Swinger, Jr., deserves counsel. Anyone want to represent him?
* Addendum: This post was based on an email tip from a reader. After drafting this post but before publishing, we learned that this NOA was previously discussed last month at both the Volokh Conspiracy and The Legal Reader (which we somehow managed to miss, despite reading both blogs fairly regularly).
Anyway, since we already went to the trouble of writing this up, we're publishing it (in case any of you also missed this document). But yes, we're aware that this is not "new" -- so you can refrain from sending us emails telling us so. Also, the blogosphere is not the legal academy, so "preemption" isn't as much of a problem.
(7) Comments
And Prettier Than Napoleon had it before VC and Legal Reader. Stochastic domination!
Thanks for mentioning my blog, David. Seriously.
Someday I'll be telling my grandchildren about how The Legal Reader was Pete Best to Above the Law's Beatles.
Seriously.
I just lost a case in small claims court - los angeles - the judge ruled in favor of a plaintiff who has a history (not brought into court) of scamming people like me and threatening them into silence. I intend to appeal. Am I allowwed a lawyer in the appeal process?
sheri- sadly, you are not allowed a lawyer. lawyers are only for the wealthy and powerful. based on the fact that you're being sued in small claims court, my guess is you are neither. tough luck, but enjoy the experience.
While counsel is not allowed in small claims matters, you may be able to have counsel on appeal to the JP Ct and certainly to the Superior Ct if it is where the appeal is handled. Simply ask the clerk where you obtain the form Notice of Appeal paper work.
Questions fake courts refuse to answer in Oregon:
1. Are you a Judge or one of the judicial Officers described in Article 6 of the Constitution for the U.S. of A.?
2. Is the OREGON you use in your official capacity one of the Union States of the U.S. of A.?
3. Is Oregon, 33rd Union State of the U.S. of A. one of the States of the United States used in United States Code?
4. Is the OREGON you use in your official capacity Oregon, 33rd Union State of the U.S. of A.?
5. Is the HANK ALBERTSON you use in bringing claims or charges against me the living man Hank Albertson, or is it a U.S. Trust or other idem sonans identiy that you or United States have created?
6. Will you show me proof of personal and subject matter jurisdiction over me?
7. Is this state a tangible place on the land of Oregon?
8. Nature's God is the God our Founders based our government on (1st para. Declaration of Independence), since the courts of today are based on deceit, is your god Lucifer or Satan?
9. Will you agree to tell the truth?
10. Will you agree to protect my Rights?
I have an OFP filed against me for being thrown out of my children school. Which did not happen and the super intendent is writing the judge personal disfussing the alligations. Should I file an appeal to the courts to through out the order?