There is a legal term called an appeal which just means that a lower court’s decision can be reviewed by a higher court. An attorney, who specializes in appeal type cases, will be retained if the party is unhappy with any part of the decision made by the lower court or if they lose the decision. An appeal court will review the decision that was established in the trial court. During an appeal hearing, there will be no new evidence or facts added to the record.
Many people believe that an appeal trial is similar to what they see on TV, for example in a Perry Mason trial. However, an appeal case is not as exciting as a regular trial and is usually handled by an attorney who has experience and skill in writing and research. An appeal lawyer will provide the appeal’s court with a legal brief that is written up in a book type form. The appeal court will then decide whether to reverse or affirm the original trial court’s decision. This will all be decided by reviewing the written briefs that the appeal lawyer has given them.
In most states, there will be a 30-day time limit for filing a notice of appeal. This is a jurisdictional time limit, and therefore there will not be any flexibility provided for more than 30 days. Claimants who miss the deadline for whatever reason will most likely forfeit the right to appeal. With a notice of appeal, you will also need to file a cost bond. Also, you will need to file a docketing statement and certify that you have organized all of your transcripts of the lower court’s ruling. You will have ten days to do this.
It would be wise to choose an appeal lawyer that has experience and a reputation for winning appeal cases. On your first meeting with the lawyer, they will need to go over a few of the important papers such as the judgment document. The appeal lawyer will then look over the record of the case, the documents that you have given to the court, and the transcripts of the hearing. This will determine whether they feel that you have an appealable issue or whether a mistake may have been made by the trial judge.
It is important to remember, as previously mentioned, that the appeal lawyer will have to work with what has already been established in the record. Even if the client feels that their first lawyer made specific mistakes, they will not be allowed to introduce anything new. An appeal lawyer will only explain to the appeals court why a decision should be reversed or why a trial court has ruled something incorrectly.
There are cases where someone who has won a court case may later still require the services of an appeal lawyer. When will this occur? You may need the services of an appeal lawyer if your opponent is unhappy with the trial decision and then appeals it. You will now be required to retain the services of an appeal lawyer to write up a brief that will defend the decision of the lower court. In this case, you are asking your appeal lawyer to show the appeal court that the original trial court ruled correctly.