If the court made a procedural or substantive error in deciding your case, you can appeal the decision, but you must start the process just a few months after the ruling.
The party that wants the appellate court to reverse (undo) the trial court’s ruling is called the appellant, and the other party (the one that won the original case) is called the appellee. The appellant’s lawyer drafts the appellants' opening brief, and the appellee, with their lawyer, tells their side in a response brief. Remember that the appellant is saying that the trial court’s decision was wrong, and the appellee is saying that it was right. The appellant then gets to write a reply brief, arguing against the response brief. Both sides then present oral arguments before the appeals court, each speaking for about 15 minutes.
When you file an appeal, showing that the trial court’s decision or handling of your case was wrong is only part of your task. You must also show that the trial court’s error was reversible, meaning that the law allows the appeals court to change it. This requires your lawyer to research case law about similar appeals to yours. If you are successful, the appeals court will issue an opinion reversing the trial court’s decision.
It is extremely important to hire an experienced and knowledgeable appellate attorney. Many trial attorneys make the profound mistake of waiting to contact appellate counsel until the trial court renders its adverse judgment. However, competent trial lawyers know that it is smart business to have appellate counsel advise how to preserve issues and evidence for possible appeal, while also helping to identify appealable issues in advance.
