Legal Appeal Documents

JOINT NOTICE OF APPEAL AND STIPULATION

This Joint Notice of Appeal and Stipulation (the "Stipulation") is made and entered into on by and between Appellant Name: , an entity of type Individual Corporation Limited Liability Company and Respondent Name: , an entity of type Individual Corporation Limited Liability Company.

RECITALS

WHEREAS, a final judgment or order was entered in favor of in the matter captioned by the on ;

WHEREAS, Appellant intends to pursue appellate review of the judgment or order identified above, and the parties desire to set forth their agreement regarding the notice of appeal, designation of the record, statement of issues, provisional relief, and procedures for filing and service pending the appeal;

WHEREAS, the parties agree that certain matters may be stayed or secured by bond while the appeal is pending, subject to the terms set forth herein.

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained in this Stipulation, and for other good and valuable consideration, the parties hereby agree as follows:

1. NOTICE OF APPEAL

Appellant hereby gives formal notice of appeal to the appellate court from the final judgment or order entered in the trial court identified above. Appellant will take all necessary steps to file a timely notice of appeal and to perfect the appeal in accordance with applicable procedural rules. Appellate court to which appeal is taken: . Case number: .

2. DESIGNATION OF THE RECORD

The parties agree to the initial designation of the record on appeal. Appellant shall prepare and serve a designation listing the trial court filings, transcripts, exhibits, and other materials to be included in the appellate record.

3. STATEMENT OF ISSUES

Appellant shall prepare and serve a concise statement of the issues to be presented on appeal. The parties may agree, in writing, to narrow or clarify the issues to expedite appellate consideration.

4. PROVISIONAL RELIEF AND STAY

The parties stipulate that enforcement of the trial court's judgment shall be Stayed pending appeal Not Stayed. If a stay is agreed, the conditions of any stay, including security or bond requirements, are set forth below.

5. BOND, SECURITY, AND COSTS

If a bond or other security is required to secure a stay or to preserve the status quo pending appeal, the parties agree as follows:

The posting party shall be responsible for completing any required bond forms, paying premium and filing fees, and providing proof of filing and acceptance to the other party within the time required by applicable rules.

6. FILING, SERVICE, AND REPRESENTATION

The parties shall serve and file appellate briefs, excerpts, and other required documents in accordance with the appellate rules. Service of documents in connection with the appeal shall be made on counsel of record at the addresses set forth below unless updated in writing.

7. CONFIDENTIALITY

Except as required by court rule or order, the parties agree that materials designated confidential by the producing party shall be treated as confidential and shall not be disclosed except as necessary for the prosecution or defense of the appeal and subject to any protective order in place.

8. COSTS AND ATTORNEYS' FEES

Each party shall bear its own costs and attorneys' fees incurred in preparing and prosecuting or defending the appeal, unless a court awards such costs or fees to a party in accordance with applicable law.

9. NOTICES

All notices, requests, or other communications required or permitted under this Stipulation shall be in writing and delivered to the addresses provided above, or to such other address as a party may designate by written notice to the other party in accordance with this paragraph.

10. GOVERNING LAW

This Stipulation shall be governed by and construed in accordance with the substantive laws of the jurisdiction in which the trial court sits, without regard to conflict of law principles.

11. ENTIRE AGREEMENT

This Stipulation contains the entire agreement between the parties relating to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements on that subject.

12. SEVERABILITY

If any provision of this Stipulation is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

13. AMENDMENTS, WAIVER, AND COUNTERPARTS

This Stipulation may be amended only by a written instrument executed by both parties. No waiver of any provision of this Stipulation shall be effective unless in writing and signed by the party against whom enforcement is sought. This Stipulation may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Sign Now