The decision to appeal a case rests on several factors. The most realistic factor to consider is the extended length of time the case will consume and the emotional strain you will experience if you appeal. On average, most civil cases take two to three years for completion in the courts. An appeal will typically take another full year, and might not receive the verdict desired. If the judge overseeing your case made some serious mistakes or they disregarded the current law, then an appeal should be considered. Mistakes that judges make that are considered appealable include refusing vital pieces of evidence, refusing to admit expert testimony, giving the jury the wrong instructions, and showing an obvious bias. Remember that sometimes, some battles simply need to stop. If it became obvious to you during your trial that your side was lacking enough evidence or that the other side had the right argument, then it may be time to throw in the towel. In addition, if you had a jury trial, it is usually much more difficult to win an appeal. This is because the appeals court takes the decision of a jury very seriously and gives it much more credibility than the opinion of a judge. In fact, the court of appeal will accept all the findings of fact made by the jury, and will only decide whether a legal error was made by the judge or other certain types of errors. What is the process and time deadline to appeal the case?
An appeals brief must be submitted to the appropriate federal or state court within a specific number of days from the trial court's judgment in order to be valid. The deadline to appeal is based on the specific circumstance of the case, the type of error alleged and the Court from which you are appealing. If the appeal is at all late, it will not be heard. What do I do now?
If you are considering appealing, it is usually best to seek out an attorney as soon as you have reached the conclusion that an appeal is best. Otherwise, you may miss your chance. Our attorney's handle appeals cases in both federal and state court. We can:
1.) Identify the appellate court that has jurisdiction to preside over the appeal and the procedures that must be followed to properly pursue an appeal,
2.) Discover the issues that may be appealed from your trial court decision and determine if these fundamental issues have been properly preserved,
3.) Present clear, precise, and well-conceived arguments, and
4.) Give comprehensive and concise answers to the appellate court's questions at oral argument
Please contact us at (704) 662-3557 or submit your case for review on our Case Review Page to discuss your rights.
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