Step 3: Notice of Appeal & Statement of Points on Appeal

• What is the Notice of Appeal & Statement of Points on Appeal?
• How do you decide what are the points on appeal?
• How do you fill out the Notice of Appeal & Statement of Points on Appeal?
• What do you do after you fill out the Notice of Appeal & Statement of Points on Appeal?

What is the Notice of Appeal & Statement of Points on Appeal?

It is a form that is necessary to start the appeal and contains two sections.

The first section, called the "Notice of Appeal," tells the other party and the Supreme Court that you are appealing the Superior Court decision. You need to state the date of the Superior Court final judgment.

The second section, called the "Statement of Points on Appeal," is where you state the specific issues that you are appealing. These are the issues you will argue later in the case in the appeal briefs and oral argument to convince the Supreme Court that the Superior Court made a legal mistake in deciding your case. It is very important to understand that the appeal will only deal with the issues you raise in the Statement of Points on Appeal. This means that if you bring up any other issues in the appeal briefs or oral argument, the Supreme Court will ignore those arguments.

How do you decide what are the points on appeal?

You need to do legal research to determine if the Superior Court made a legal mistake in deciding your case. Remember, just because you do not like the outcome of your Superior Court case does not mean that the judge made a mistake. On appeal, to reverse the Superior Court decision, you must convince the Supreme Court that the Superior Court incorrectly applied the law in deciding your case.

Legal research is not easy for people who didn't go to law school. At the law library, in some public libraries, and on the Internet, you should start by reading:

• the statutes that explain the legal requirements for your case type
• cases found at the end of the statute sections which may discuss a situation specific to your case. You may cite to cases that are similar to yours to support your arguments on appeal.
• the Civil Rules that explain the procedures the Superior Court should have followed for your case

Consult with an attorney, if possible, to decide whether there are issues to appeal.

How do you fill out the Notice of Appeal & Statement of Points on Appeal?

Fill out:

• Notice of Appeal & Statement of Points on Appeal, SHS-AP 100.

At the top, fill in the caption, including your name as the Appellant and the opposing party's name as the Appellee. Leave the Supreme Court Case No. blank which the clerk at the Appellate Court will fill in. Make sure to fill in the Superior Court Case No. that you are appealing.

For the "Notice of Appeal" section, state the date of the Superior Court final judgment. For the "Statement of Points" section, write a brief but detailed statement of the points or issues that you think the Superior Court decided wrong. If there is more than one issue, you can list them. Usually the points on appeal fit on 1 or 2 pages. Remember that the Supreme Court will consider only points included in the Statement of Points on Appeal during your appeals case.

If you need to add to your Statement of Points on Appeal at a later date, you can ask the Supreme Court by filing a motion which you can read about on our motions page.

Make sure you fill out the certificate of service at the end of the form, stating how and when you gave the opposing party a copy of all documents filed.

What do you do after you fill out the Notice of Appeal & Statement of Points on Appeal?

This is Step 3 so keep reading and follow the remaining steps to start the appeal.

Rev. 26 December 2006 © Alaska Court System www.courts.alaska.gov Contact Us

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