Are you unhappy with the outcome of your case? Do you feel that the judge ruled unfairly or failed to consider important information in deciding your case? Then you might consider filing an appeal.
What is an Appeal?
An appeal is a request made to a higher court seeking review of the lower court’s decision and asking that the lower court’s ruling is reversed. Normally, every party has a right to an appeal from a final judgment or order. You can also appeal a non-final order, which is an order that was entered during your case but does not resolve your entire case. However, for certain types of non-final orders, the higher court can decline to review it.
What is the deadline to file an appeal?
There are strict rules governing when an appeal can be filed. If you miss the deadline, your right to an appeal is gone. So it is important to seek an attorney immediately after a lower court’s ruling if you would like to appeal the lower court’s decision. Normally, in civil matters, the time to file an appeal from a final judgment or order is 30 days from the time the final judgment or order is entered.
What Is the Difference Between a Trial and an Appeal?
A trial is where the parties submit evidence and witnesses to prove their case. A trial can have a jury or it may not depending on whether the plaintiff sought a jury trial. An appeal is a limited review by the appellate court of the decision by the jury or judge if there was no jury. No witnesses are presented in an appeal and the only evidence submitted to the appellate court is what has already been entered as evidence in the trial court level.
In an appeal, the parties submit extensive briefs, or written legal arguments on the merit of their appeal or defense to the appeal. Normally three of the ten judges sitting in appellate court will then review the briefs and make a ruling. The parties may also request oral argument where they will have the opportunity to present their case orally to the appellate court.
What is the benefit of an appellate attorney?
The appeal process can be complicated, confusing and stressful without an attorney. An appellate attorney can not only advise you on the proper procedure to file an appeal but on the applicable laws and standards that govern the merit of your appeal. Don’t let an unfavorable and unfair judgment dictate your life, let us help you get the ruling you deserve.
Reach out to Our Office Today
Our attorneys at Doran Sims Wolfe & Ciocchetti are standing by to assist you. To schedule a free consultation with our one of our seasoned lawyers, call (386) 868-2157!