subject: Getting Legal Help In An Appellate Procedure [print this page] After you file a case and make all possible efforts to get a positive outcome, it sure is disappointing to lose the same. However, if you think that there was an error in the judgment, you can file an appeal. All is not lost what you need to do is get in touch with a legal professional proficient in this specific domain of law.
Before you get in touch with an attorney specializing in this field, here are the common questions pertaining to the appellate cases.
Who can file an appeal? Any party involved in a lawsuit can file an appeal if the judgment is against their interest. This implies that the trial court judgment must have direct and adverse effects on the entity to make them eligible for filing.
Is there a necessary circumstance to file? Yes. The appellate process can only take place if there is the existence of a point of controversy. If the case is in a state of dispute or is already settled, it is not possible to file an appeal.
How do you do the filing? The notice of appeals along with the necessary documents, like the trial court record and transcripts, must be submitted to initiate the appellate process. However, remember there is a time limit before which you need to do the filing. Consult an attorney immediately after the end of the trial process to avoid this.
Where do you do the filing? In most cases, the appeal from a trial court goes to an intermediate appellate court and then to the appellate court of highest rank in the jurisdiction. For example, the Florida District Courts of Appeal deal with the cases at the initial stage. The Supreme Court has the highest jurisdiction over Florida appeals . What happens at the appellate court? An appeal does not involve review of the facts, instead, it focuses on the application of the laws in a particular case and examines whether these were legal or not. A panel of judges scrutinizes the briefs submitted by the appellant and the appellee, along with the trial court records.
If necessary, the appellate court also hears an oral argument from both parties. This may also include questionings regarding the issues involved. It is the responsibility of the appellate court to determine whether there was an error in the trial court proceeding and whether it was prejudicial (adverse for the appellant) or harmless.
Depending on this review, the appellate court can affirm, modify or reverse the trial courts decision.
