Legal Question in Federal Tort Claims in Arizona

Appeal

I am proceeding in forma pauperis. I filed a notice of appeal in the 9th Circuit to reverse the district court order denying my request for counsel. Appeal instructions set Feb 22, 2005 to file a brief. Can I just file a motion in the appeals court asking for reversal of the order, or do I have to do it in a brief? If I file a motion to reverse, do I still have to file a brief by 2/22/05? This is a medical malpractice claim against the Veterans Administration.


Asked on 1/15/05, 12:00 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Appeal

It is not enough for you to merely make a "request" for relief, in your "motion?" or Appeal.

You need to "EXPLAIN" to the Court WHY you are entitled to the relief you are requesting. And, that is what the "brief" or "memorandum" is intended to do.

Also, please note, An Appeal is NOT a "rehearing." An Appeal Must be written (oral argument is very limited); and it is based only upon the evidence submitted in the lower forum or (trial) court, the applicable law and written "argument" about same.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 1/15/05, 12:22 pm


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