Legal Question in Appeals and Writs in Arkansas

Re: Is there laws to protect an individual who appeals?

You have several questions and I will try to answer them one at a time.

1. I don't know what you mean by laws to protect an individual who appeals. That is a very broad question.

2. If you appeal, the case is not automatically transferred to another judge so there is a chance of the same judge making decisions on issues that must be revisited or that arise after the appeal. However, the appellate opinion may guide the judge in ruling on issues that must be revisiteed.

There is a procedure to request that a judge disqualify himself from the case, but there are requirements that must be met. You may not create the situation that causes you to believe the judge may be prejudiced against you, so the fact that you appealed a decision of his or hers will not give you grounds to ask the judge to remove himself or herself from the case. The motion has very specific requirements and must be filed within ten days of the event that makes you believe the judge is prejdiced. Motions to disqualify are not looked on favorably and should only be filed in the worst cases.

3. How much time opposing counsel is granted to file a reply brief is up to the appellate court. They have the power to grant or deny any motion for extension of time. You can object to a request for an extension of time and tell the court why you object. Then it is up to the court to decide whether or not to grant the extension anyway.

4. I am not sure whether you are asking about a reply brief or an answer brief. An answer brief is what the other side files to respond to an initial brief. I cannot tell you what to expect, only what it is supposed to be. It is supposed to respond to the issues raised in the initial brief and, if anything is cross-appealed to brief those issues, too. In an answer brief the other side can raise any legal arguments that will support the trial judge's ruling, even if it was not raised at the trial level.

I also cannot tell you what to expect in a reply brief, only what it is supposed to be. A reply brief is what the appellant, who filed the initial brief, files to respond to the answer brief. It is supposed to be limited to responding to what was raised in the answer brief.