If you take a case to court, either in civil or criminal court and lose, you have the option to appeal your case to the next level in the judicial process. Known as the appellate court, this next court reviews the trial case for errors and could reverse your loss for a verdict in your favor. However, the appellate process is very different from a trial case, which is why it is important that you have an experienced appellate law attorney represent your interests at this level. To learn more about why you need an attorney for an appeals case, call or contact The Appellate Law Firm today to schedule a free consultation with an experienced attorney.
How an Appellate Case Differs From Trial
At trial, attorneys submit extensive discovery before a case and litigate pretrial motions. They make opening statements, submit evidence to the court, and examine witnesses on the stand before making a closing argument to the court. At the appellate level, this does not happen. The appellate court typically consists of a panel of judges who review the transcript of the trial court. This includes all relevant pretrial litigation, the transcript of the trial, all evidence, and any other relevant matters that occurred during the trial process. No new evidence is allowed and no new witnesses can testify. This differs significantly from the trial level of your case. In addition, each side is only allowed to briefly argue their side to the appellate judges so you need a lawyer who can make the most persuasive case in a limited amount of time.
How an Appellate Attorney can Help
Unlike a trial level attorney, an appellate attorney understands the intricacies and differences of the appellate court. First, your appellate lawyer will ensure that all procedures, such as filing a Notice of Appeal and preserving your appellate claims, are followed correctly so that you can file your case with the appellate court. An appellate attorney also understands how best to argue your case to an appellate panel of judges. The appellate attorney submits a written brief that explains why the court made an error in fact or in law that substantially altered the outcome of the case. Your attorney will also have a chance to make oral arguments to the appellate court that reinforce the written brief’s arguments for why the appellate court should rule in your favor.
After the case is presented, the appellate judges will deliberate before either affirming the trial court decision, reversing the trial judgment, or remanding the case back to the trial level with additional guidance from the appellate court. Your appellate law attorney will be able to help you with next steps after the final judgment from the appellate court.
Talk to Our Office Today
Do not risk your chance at success with an appeal by attempting the process without an experienced appellate law attorney by your side. Call the office or contact us today at The Appellate Law Firm to schedule a free consultation and learn more about why you need an attorney for an appellate case.