Educational how-to
How to start a Court of Appeal case
This page is a public educational walkthrough. It is not a retainer, a court form, or a promise about your result. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.
You need an order to appeal
The Court of Appeal does not take a brand-new lawsuit. It reviews an order from a court below, with leave in some cases.
Civil appeals usually start with Form 61A and Form 61C
Serve and file the notice of appeal and the appellant’s certificate respecting evidence. The usual time is 30 days from the order unless a statute or the Rules say otherwise. See Rule 61 of the Rules of Civil Procedure on this site’s civil / Courts of Justice materials.
Criminal appeals use the Criminal Appeal Rules
Inmate appeals and in-person appeals have different notices. Criminal appeal notices are a different form set from Family Form 14 and Small Claims Form 7A. They are listed under Court Forms on this site.
File through the Court of Appeal portal unless the direction says otherwise
Use the Court of Appeal filing channel only after the notice of appeal is ready. The work of writing the grounds happens on paper first.
Self-represented motions often sit on Wednesdays
The Court of Appeal runs a pro bono duty-counsel program for motions on Wednesdays. Read the current general practice direction.
This is time-sensitive work
Get a lawyer or licensed appellate help if you can. Missing the appeal window usually ends the file.
Official law on this site: courts-of-justice-act.
Disclaimer: Know The Law publishes legal information for the public, not legal advice. Court forms, fees and filing channels change. Read the official statute text and the official form page linked from this guide before you act. We do not represent you and we do not file documents for you. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.