INSTRUCTIONS FOR APPEALING YOUR CASE TO
THE SUPREME COURT
Forms you will need:
1. Notice of Appeal Form (include your name, address, phone number and a statement that you are proceeding pro se).
2. In Forma Pauperis (If you do not have $225 for the filing fee)
3. Transcript Order Form--Contact your local Court
Procedures to follow:
- File the Notice of Appeal form with the trial court. You have 30 days from the judgment date to file.
- Send a copy of the Notice of Appeal to:
Vermont Supreme Court
109 State Street
Montpelier, VT 05609-0801
- Send copies of the Notice of Appeal to all the parties in your case.
Pay the filing fee of $225 to the trial court (check made payable to A Vermont Supreme Court@ .) If you can not afford the filing fee, request an In Forma Pauperis form. Fill out the form and submit it with the Notice of Appeal.
Within 10 days* from the date you filed the Notice of Appeal you will need to:
File a Transcript Order form with the trial court.
You must pay the appropriate deposits at the time you order the transcript from Court Reporters Associates (for taped hearings) or the court reporter. Follow the instructions on the Transcript Order form.
The state will not necessarily cover the costs of the transcript even if you cannot afford them. The state will pay for the transcript only if your case involves a constitutional liberty interest (a possible jail sentence or involuntary confinement).
If you believe that you meet the qualifications outlined above for state payment of transcript costs, fill out the In Forma Pauperis form and submit a motion for state payment of transcripts with the trial court.
You do not have to order a transcript, but if you do not order one the Supreme Court will not have the transcript to use in deciding your case. The Court may A affirm@ the decision of the trial court on that basis alone if it believes a transcript is necessary to decide the issues you raise on appeal. (Certain courts use video tapes instead of transcripts. Ask about this possibility in your case.)
6. Wait for further instructions from the Supreme Court.
* NOTE: If appealing a CHINS or TPR decision, the 10 day period does not apply. V.R.A.P. 10(b)(7) states, "In any proceeding under Chapter 55 of Title 33, other than a delinquency proceeding, the appellant shall order the transcript at the same time the notice of appeal is filed, following the procedures set forth in subdivision (b)(1)."
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