The gavel has fallen, the judge has ruled, and you may think your legal battle is over. But if you’re not satisfied with the trial court’s decision, you may have another option: the appeals process. Our friend Amanda at Flat Fee Divorce Solutions explains the appellate process.
What Is An Appeal?
An appeal is a request to a higher court to review the decision of a lower court. It’s not a new trial; rather, it’s a review of the legal and procedural aspects of the original case. The appeals court focuses on whether errors were made that affected the outcome of the case.
Grounds For Appeal
To have a successful appeal, you must demonstrate that the trial court made significant errors that prejudiced your case. According to a family lawyer, common grounds for appeal include:
- Errors Of Law: The trial court misapplied or misinterpreted the law.
- Errors Of Fact: The trial court’s findings of fact were not supported by the evidence.
- Procedural Errors: The trial court made procedural errors that violated your rights or denied you a fair trial.
- Evidentiary Errors: The trial court improperly admitted or excluded evidence.
- Improper Jury Instructions: The judge gave the jury incorrect or misleading instructions.
The Appeals Process
The appeals process generally involves the following steps:
- Notice Of Appeal: The appealing party (appellant) files a notice of appeal with the trial court, indicating their intent to appeal the decision.
- Record On Appeal: The trial court prepares a record of the case, including transcripts, exhibits, and pleadings, which is sent to the appellate court.
- Briefing: Both parties submit written briefs to the appellate court, outlining their arguments and legal authorities. This is the part of the process that is the most expensive, time consuming and complex.
- Oral Argument: In some cases, the appellate court may schedule oral arguments, where attorneys for both sides present their arguments to the justices. The justices do not hear any new testimony – only the arguments from the attorneys on the basis of their briefs.
- Decision: The appellate court issues a written decision, which may affirm, reverse, or modify the trial court’s ruling.
Possible Outcomes Of An Appeal
The appellate court has several options:
- Affirm: Uphold the trial court’s decision.
- Reverse: Overturn the trial court’s decision.
- Remand: Send the case back to the trial court for further proceedings, often with instructions on how to correct the errors.
- Modify: Change the trial court’s decision, such as reducing a sentence or modifying a custody order.
Important Things To Keep In Mind
- Time Limits: There are strict deadlines for filing an appeal. If you do not act promptly, you will lose your right to appeal. If you lost at trial, it is probable your trial attorney knows an appeals attorney.
- Legal Representation: Appellate law is complex and not all lawyers handle them. It’s highly recommended to have an experienced appellate attorney represent you. This is because there are rules and procedures that must be followed exactly.
- Cost: Appeals can be expensive, involving attorney fees, court costs, and other expenses.
- No Guarantee Of Success: Appeals are not guaranteed to succeed. The appellate court may uphold the trial court’s decision.
When To Consider An Appeal
Appealing a court decision is a significant decision that should not be taken lightly. Consider the following factors:
- Strength Of Your Case: Do you have strong grounds for appeal, such as clear errors of law or fact?
- Potential Benefits: What are the potential benefits of a successful appeal? Is it worth the time, cost, and effort?
- Financial Resources: Can you afford the costs associated with an appeal?
- Emotional Impact: Are you prepared for the emotional toll of continuing the legal battle?
Seeking Legal Guidance
If you’re considering appealing a court decision, you should consult with an experienced appellate attorney. Contact a lawyer near you. They can evaluate your case, advise you on your options, and represent you effectively in the appeals process.