Instructions for Emergency Motion to File
Late Appeal in Landlord/Tenant Cases
1. Complete the EMERGENCY MOTION TO FILE LATE APPEAL.
2. If you do not have the money to pay for filing fees, complete the PETITION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS (IFP). If the Judge grants this Petition, you will not
have to pay any filing fees.
3. Take your forms to the Housing Court Help Desk. The Housing Court Clerk will schedule
your Emergency Motion to File Late Appeal for hearing.
4. The Housing Court Cashier will docket, time stamp, and write the LT case number on your
5. Housing Court staff will make three copies of your Emergency Motion.
6. Regarding the Emergency Motion to File Late Appeal, YOU MUST DO the following:
a. Serve (deliver) 1 copy to the Magisterial District Judge.
b. Serve (deliver) 1 copy to the landlord.
c. Keep 1 copy for yourself.
d. Return the original to the Housing Court Clerk.
7. You must serve (deliver) your Landlord and the Magisterial District Judge who originally
heard your case with a copy of the Emergency Motion as required by the Certificate of
Service you filled out on the last page of your Emergency Motion.
8. You must appear on the date and time scheduled, as shown on the front page of your
Emergency Motion, to present your Emergency Motion to the Housing Court Judge.
9. If the Judge delays your eviction, you must immediately deliver a copy of that Order to the
Magisterial District Judge who originally heard your case. This is the only way to prevent
your eviction. If you fail to deliver the Order to the Magisterial District Judge, the eviction
may still proceed as originally scheduled.
m 4 Rev 4/2021