Power of Attorney for Appeal

Power of Attorney for Appeal

This Power of Attorney for Appeal is executed on this day of , by and between Principal Name: and Attorney-in-Fact Name: , with respect to the matter described below. The subject litigation is styled: , Case Number: , in . Final order or judgment entered on day of , .

Recitals

WHEREAS, Principal is the party aggrieved by the judgment or order described above and intends to prosecute an appeal or other appellate remedy to challenge that judgment or order;

WHEREAS, Principal seeks to authorize an agent to take all steps necessary and appropriate to file, prosecute, defend, settle, or otherwise manage the appeal and related appellate proceedings on Principal's behalf;

WHEREAS, Attorney-in-Fact has the experience and authority to act for Principal in appellate matters and is willing to accept appointment under the terms of this instrument;

NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the parties agree as follows:

1. Appointment of Attorney-in-Fact

Principal hereby appoints Attorney-in-Fact as Principal's true and lawful attorney-in-fact, with full power and authority to act in Principal's name, place and stead to undertake and perform all acts necessary to file, prosecute, defend, manage, and conclude an appeal, petition for review, rehearing, writ, or other appellate proceeding arising from the judgment or order identified above, including but not limited to the powers set forth in Section 2 of this instrument.

2. Scope of Authority

Subject to the limitations herein, Attorney-in-Fact is authorized, in Principal's name and stead, to:

1. Prepare, sign, and file all notices of appeal, petitions, briefs, motions, responses, and other appellate or post-judgment pleadings necessary for prosecution or defense of the appeal;
2. Engage, substitute, and instruct counsel of record, trial counsel, and appellate counsel; retain experts and consultants; and pay fees and disbursements on Principal's behalf;
3. Request, order, and obtain transcripts, exhibits, records, and certified copies of filings and docket entries; arrange for preparation of the record on appeal;
4. Apply for stays of execution, supersedeas bonds, extensions of time, and other procedural relief, and post security or bond if required, provided that any bond or security in excess of shall require prior written consent of Principal;
5. Enter into stipulations, agree to extensions of time, and negotiate or enter into settlements or compromise of the appeal consistent with the authority granted in Section 3;
6. Execute and deliver any instruments, releases, settlements, or other documents necessary to carry out the foregoing powers and to receive and disburse funds on Principal's behalf in connection with the appeal.

3. Settlement Authority and Limitations

Attorney-in-Fact may negotiate and enter into settlement agreements relating to the appeal only as follows:

Settlement authority is: full limited (specify below)

Unless expressly authorized in writing by Principal, Attorney-in-Fact shall not release any claim, consent to entry of judgment, or execute any settlement that imposes continuing obligations on Principal beyond a monetary payment without prior written approval.

4. Conduct of Appeal; Discretion

Attorney-in-Fact shall have full discretion to prosecute or dismiss issues, to present oral argument, and to determine procedural and substantive strategy in connection with the appeal, subject to the settlement limitations set forth above. Attorney-in-Fact shall keep Principal reasonably informed of major developments and shall promptly consult with Principal regarding any settlement proposal or other matter that would materially affect Principal's rights.

5. Duration; Revocation

This Power of Attorney shall become effective on the date set forth above and shall remain in full force and effect until the earlier of: (a) final disposition of all appeals, petitions, and related proceedings arising from the judgment or order specified above; (b) revocation by Principal in a signed writing delivered to Attorney-in-Fact; or (c) termination by operation of law. Any revocation shall not affect actions taken by Attorney-in-Fact prior to receipt of notice of revocation by parties entitled to rely upon this instrument.

6. Reliance, Indemnification, and Liability

Third parties, courts, and counsel may rely upon the representations and instructions of Attorney-in-Fact without further inquiry. To the fullest extent permitted by law, Principal agrees to indemnify, defend, and hold harmless Attorney-in-Fact from liabilities, costs, and expenses (including reasonable attorneys' fees) arising from actions taken in good faith under this Power of Attorney; provided that such indemnity shall not extend to willful misconduct or gross negligence by Attorney-in-Fact.

7. Notices

8. Governing Law; Venue

This Power of Attorney shall be governed by and construed in accordance with the laws of the State of . Venue for any dispute concerning this instrument shall lie in the courts of that state unless otherwise required by law.

9. Miscellaneous Provisions

Entire Agreement: This instrument contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements.

Amendment and Waiver: This Power of Attorney may be amended only by a written instrument signed by Principal. No waiver of any provision shall be effective unless in writing signed by the waiving party.

Severability: If any provision of this Power of Attorney is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Counterparts: This instrument may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be treated as original signatures for all purposes.

10. Acceptance by Attorney-in-Fact

Attorney-in-Fact acknowledges receipt of a copy of this Power of Attorney and accepts the appointment and responsibilities conferred herein. Attorney-in-Fact agrees to act in accordance with the duties and standards applicable to an agent under law.

Principal Certification

Principal hereby certifies that Principal is of sound mind, is acting voluntarily, and understands the nature and consequences of this Power of Attorney for Appeal. Principal further certifies that no court has suspended, revoked, or limited Principal's legal capacity to execute this instrument.

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