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Clerk of the Court of Appeals has forbidden a case to be heard because of personal prejudices concerning exceptional causes for a late appeal


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#1 Notofthisworld

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Posted 03 December 2012 - 10:22 AM

How does one get a Clerk of a Court of Appeals decision reversed to allow a case to be heard in Court when this Clerk let his personal prejudices decide against it. This appeal was filed late because of a severe illness and was not allowed to go into court upon exceptional circumstances, There were exceptional circumstances and all the necessary medical proof was sent to prove that and this Clerk still blocked this case from even being heard?

#2 Tax_Counsel

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Posted 03 December 2012 - 04:46 PM

You didn't indicate what court of appeals (e.g. a federal court of appeals, or the court of appeals of a particular state) and that matters because the rules for appeals in each jurisdiction are different. If the appeal was filed late, the clerk may have been justified in refusing to file the notice of appeal.

#3 adjusterjack

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Posted 03 December 2012 - 05:25 PM

How does one get a Clerk of a Court of Appeals decision reversed to allow a case to be heard in Court when this Clerk let his personal prejudices decide against it. This appeal was filed late because of a severe illness and was not allowed to go into court upon exceptional circumstances, There were exceptional circumstances and all the necessary medical proof was sent to prove that and this Clerk still blocked this case from even being heard?


Personal prejudice?

I doubt it.

How to get that reversed?

You look up your appeals rules and see if it allows requesting an extension for filing.

If there are no rules about extensions, you're out of luck.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#4 pg1067

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Posted 03 December 2012 - 06:25 PM

Generally speaking, the decision to allow or not allow an untimely appeal because of circumstances such as you described is one that a judge makes, not a clerk. As "Tax_Counsel" correctly noted, it obviously depends on the applicable state or federal law and court rules.

#5 Guest_FindLaw_Amir_*

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Posted 21 December 2012 - 01:08 PM

What state is this matter concerning? You may want to read Appealing a Court Decision or Judgement as a good resource to learn more about this subject matter.




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