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Appellant Petitioners Opening Brief And Certificate Of Appealability Form. This is a Official Federal Forms form and can be use in 10th Circuit Court Of Appeals Circuit Court Of Appeals.
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Tags: Appellant Petitioners Opening Brief And Certificate Of Appealability, A-15, Official Federal Forms Circuit Court Of Appeals, 10th Circuit Court Of Appeals
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
UNITED STATES COURT OF: APPEALS
JUDICIAL SUBPOENA
Plaintiff(s)
FOR THE TENTH CIRCUIT
-against-
:
:
:
Defendant(s)
:
......................................................
Plaintiff/Petitioner - Appellant,
Case No. __________________
THE PEOPLE OF THE STATE OF NEW YORK
v.
TO
Appellant/Petitioner’s Opening
Brief and Application for
Certificate of Appealability
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Defendant/Respondent - Appellee.
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
NOTICE AND INSTRUCTIONS
If you proceed on appeal pro se, the court will accept a properly completed
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
Form on whose behalf this subpoena was issued for maximum to guide you in all damages
the partyA-12 in lieu of a formal brief. This form ais intendedpenalty of $50 and presenting sustained as a
your appellate issues and
result of your failure to comply.arguments to the court. If you need more space, additional
pages may be attached. A short statement of each issue presented for review should
Witness, Honorable
one of the This brief
precede your argument. Citations to legal authority may also be ,included. Justices of the
Court in fully set forth all of theday of
County,
20
should
arguments that ,you wish the court to consider in
connection with this case.
(Attorney must not be and type name An
New issues raised for the first time on appeal generally will sign aboveconsidered.below)
appeal is not a retrial but rather a review of the proceedings in the district court. A copy
of the completed form must be served on all opposing counsel and on all unrepresented
parties and a proper certificate of service furnished toAttorney(s) for form certificate is
this court. A
attached.
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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:
:
Index No.
Calendar No.
:
APPELLANT/PETITIONER’S OPENING BRIEF SUBPOENA
JUDICIAL
Plaintiff(s)
-against-
:
1. Statement of the Case. (This should be a brief summary of the proceedings in the
district court.)
:
:
Defendant(s)
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
2. Statement of Facts Relevant to the Issues Presented for Review.
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone
A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00No.:
Page 2
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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:
Index No.
:
3. Statement of Issues.
a.
Plaintiff(s)
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
First Issue:
:
:
Argument and Authorities:
Defendant(s)
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
GREETINGS:
b. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Second Issue:
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Argument and Authorities:
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone
A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00No.:
Page 3
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
4. Do you think the district court applied the wrong law? If so, what law do you
JUDICIAL SUBPOENA
Plaintiff(s)
want applied?
-against-
:
:
:
5. Did the district court incorrectly decide the facts? If so, what facts?
Defendant(s)
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
6. Did the district court fail to consider important grounds for relief? If so, what
TO
grounds?
GREETINGS:
7. DoWE COMMANDthere are all business and excuses being laid aside, you and each of you attend before
you feel that YOU, that any other reasons why the district court’s judgment
,
the Honorable
at the
Court
was wrong? If so, what?
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
8. What action do you w ant this court to take in your case?
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
, one of the Justices of the
Court in you thinkCounty,
day of
20
9. Do
the court should hear oral, argument in this case? If so, why?
(Attorney must sign above and type name below)
Attorney(s) for
_________________________
Date
___________________________________
Signature
Office and P.O. Address
Telephone
A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00No.:
Page 4
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
CERTIFICATE OF SERVICE
JUDICIAL SUBPOENA
Plaintiff(s)
-against-
:
I hereby certify that on ____________________________ I sent a copy of
(date)
:
the Appellant/Petitioner’s Opening Brief to _____________________________
:
________________________________, at _______________________________
Defendant(s)
:
. .(Opposing. Party .or. Attorney) . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..... . .........
_________________________________________, the last known address, by
United States THE or courier.
THE PEOPLE OF mail STATE OF NEW YORK
TO
_________________________
Date
GREETINGS:
___________________________________
Signature
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone
A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00No.:
Page 5
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
Plaintiff(s)
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
:
NOTICE AND INSTRUCTIONS
:
Defendant(s)
:
. .Your. application. for . . certificate. of .appealability. will .be evaluated by the court using
.... .......... ...a ......... .. ........... .... .
these standards:
THE PEOPLE OF THE STATE OF NEW YORK
Certificate of Appealability. There must be a substantial showing of the denial
TO a constitutional right by demonstrating that the issues raised are debatable among
of
jurists, that a court could resolve the issues differently, or that the questions deserve
further proceedings. 28 U.S.C. § 2253(c); Lennox v. Evans, 87 F.3d 431 (10th Cir.
1996).
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
FAILURE TO SET FORTH FACTS AND ARGUMENTS SHOWING
located at
County of
inTHAT YOU MEET THE APPROPRIATE STANDARD WILLthe
room
, on the
day of
, 20
, at
o'clock in SUBJECT and at any recessed
noon,
YOUR APPEAL TO and give evidence as a witness in this action on NOTICE.
DISMISSAL WITHOUT FURTHER the part of the
or adjourned date, to testify
You may use this form to furnish a statement of the case, the issues you intend to
raise on appeal, and comply with this subpoena ismeets the applicable standards. The form you liable to
Your failure to the reasons your appeal punishable as a contempt of court and will make
is intended to guide you subpoena was issued for a maximum penalty of $50 and space to
the party on whose behalf thisin meeting the above standards. If you need more all damages sustained as a
result of your failure to comply.
answer, additional pages may be attached. The information you furnish, together with
the full record of the proceedings in the district court, will be the basis for this court’s
Witness, should bear
, but rather a review
decision. You Honorable in mind that an appeal is not a retrial, one of the Justices of the
Court in district court’s judgment and record of proceedings.
County,
day of
, 20
of the
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00
Page 6
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
APPELLANT/PETITIONER’S APPLICATION FOR SUBPOENA
JUDICIAL
Plaintiff(s)
A CERTIFICATE OF APPEALABILITY
-against-
:
1. Statement of the Case. (This should be a brief summary of the proceedings in
:
the district court.)
:
Defendant(s)
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
2.
Issues to be Raised on Appeal. (New issues raised for the first time on appeal
generally will not be considered.)
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
3. Summary of Your Argument Showing that Your Appeal Meets the
Appropriate Standards.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
4. Do you think the district court applied the wrong law? If so, what law do
you want applied?
Attorney(s) for
Office and P.O. Address
A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00
Page 7
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
Plaintiff(s)
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
5. Did the district court incorrectly decide the facts? If so, what facts?
:
:
Defendant(s)
:
......................................................
6. Did the district court fail to consider
THE PEOPLE OF THE STATE OF NEW YORK important grounds for relief? If so,
what grounds?
TO
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
7. Do you feel that there are any other reasons w hy the district court’s
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
orjudgmentdate, to testify and give evidence as a witness in this action on the part of the
adjourned was wrong? If so, what?
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00
Page 8
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
8. What action do you w ant this court to take in your case?
JUDICIAL SUBPOENA
Plaintiff(s)
-against-
:
:
:
Defendant(s)
:
......................................................
9. Were you required to seek and exhaust administrative remedies prior to
filing your claim in district court? If yes, what steps did you take to exhaust
THE PEOPLE OF THE STATE OF NEW YORK
those remedies?
TO
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
_________________________
Court in
County,
day of
Date
, one of the Justices of the
___________________________________
, 20
Signature
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00
Page 9
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
CERTIFICATE OF SERVICE JUDICIAL SUBPOENA
Plaintiff(s)
-against-
:
:
I hereby certify that on _____________________ I mailed a copy of
:
(date)
the Certificate of Appealability:
Defendant(s)
:
......................................................
to ____________________________________, at__________________________
THE PEOPLE OF THE STATE OF NEW YORK
________________________________________, the last known address.
TO
GREETINGS:
WE COMMAND YOU, that
_________________________ all business and excuses being laid aside, you and each of you attend before
___________________________________
,
the Honorable
at the
Court
Date
Signature
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00
Page 10
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com