What happens if you miss your window of opportunity to appeal?

While not ideal, it is possible to miss your window of time to apply for an appeal. If you’ve missed the deadline, there are the steps you can take to remedy the situation. Read on for instructions on how to reverse the error.

Step 1: You must file a motion in the court registry with an affidavit, which explains why you missed the original appeal deadline along with a notice of appeal.

Step 2: After you’ve obtained and filled out the above forms, the next step is to make the necessary copies of each document. To start, prepare four copies, two for the court, one for each respondent (which can be duplicated as the number of respondent grows) and one for your own records.

Step 3: When you file your motion in Step 1, next pay the necessary filing fee.

Step 4: At least five days before the set date for hearing the application, provide the copy of the filed notice of motion and subsequent papers to each respondent.

Step 5: Finally, complete and submit an affidavit of service in the Court of Appeal registry or file an acknowledgement receipt by the other party. Whichever you submit, it’s important you do so. Each acts as proof of your application.

            After you’ve filed your motion, a judge in chambers will review your application. She will then determine if an extension is appropriate based on factors such as if your appeal holds water and the timeliness of your application. An appeal is a time-sensitive action. Therefore, the sooner it’s handled, the better. A judge does not need to grant you an extension, but one is possible with the above steps.