If you go to court and significant substantive or procedural issues result in you losing your case, you have the option to appeal your case up to the appellate court. But what happens if you also end up with a lost appeal? The United States judicial system provides some options if you lose in appellate court, and hiring an experienced appeals attorney can help you explore all of them. To learn more about what you can do after a loss in appellate court, talk to the experienced appeals attorneys at The Appellate Law Firm today. Call or contact our office to schedule a consultation of your case.
Ask the Appellate Court to Review Your Lost Appeal
If you are not comfortable with allowing the decision of the appellate court to stand, you can file a petition for a rehearing on the issue. This petition gives the party that lost the appeal an opportunity to point out important facts, legal errors, misstatements, or omissions that the appellate court may have made in their decision. However, it is important to note that no new evidence or information can be provided during a rehearing. Only errors or information provided in the appeal may be considered.
Transfer Case to Another Court
Depending on the type of case, you may also be able to transfer the appeal to another court. For example, if the appeal was heard in the superior court appellate division it may be transferred to the state Court of Appeals. Typically, this option is available when there are problems with uniformity in decisions on a particular issue or if it involves an important question of law. A transfer can be initiated by either court or by a petition from one of the parties involved in the case. If the Court of Appeals does not initiate the transfer, they have the ultimate decision-making authority on whether or not to accept the case.
Appeal to the Highest Court
The final option is to further appeal the case to the highest court available. For issues of state law, this means taking the case to the state supreme court. If the issue involves constitutional questions or a matter of federal law, the case can be appealed all the way to the United States Supreme Court. In order to appeal to the highest court, a petition must be filed within a matter of days after the final judgment of the appellate court. The state or federal supreme court is not required to hear all cases petitioned and typically hears only a fraction of cases submitted for appeal. Usually, a case is allowed at this level of appeal if it involves a question of uniformity in legal decisions or involves an important question of law.
Talk to Our Office Now
Have you lost a case on appeal and wish to explore other legal options? If so, the experienced appeals attorneys at The Appellate Law Firm may be able to help. Call the office or contact us today to schedule an evaluation of your case.