If you’ve recently lost a court case and you believe the decision was made incorrectly or unfairly, you might be able to appeal the decision. Conversely, if your case was successful, your legal opponent might be able to request an appeal. In order to be granted a chance to appeal your case, you must have legal reasoning to support your claims that the case was decided incorrectly.
But what is an appeal? Especially if you’re relatively new to court procedure, the process can seem complicated. An appeal is a request for a higher court to evaluate and possibly reverse a lower court’s decision. Be sure to hire a Centennial appeals attorney to assist in compiling, organizing and presenting evidence to an appellate court. This will maximize your chances of a successful outcome, whether you’re the one filing the appeal or being brought back to court.
The person making the appeal is called either the appellant or the petitioner, while the other party in the case is called the appellee or respondent. The person appealing the case must first file a notice of appeal to the court. The court will then grant a specific period of time within which the client must submit the appeal brief. This brief is a written argument proposing that the court further consider the case and reverse the sentence, and must contain legal justification for the appeal. The appellee or respondent then has a specific period of time within which they may file an answering brief, after which the appellant will have the opportunity to file a second brief in response to the appellee’s arguments.
Appeals may be resolved based solely on the written briefs, but often the court will hear oral arguments before deciding the case. Either party involved in the appeal may request that the case be set for oral argument, and in many cases the court itself will make the request. If your appeal comes to oral argument, each party’s attorney will have a relatively brief audience with the court to argue the case and to answer questions presented by the judge. The appellate court will then decide whether any errors occurred in the lower court’s decision and reverse the decision if necessary.
No matter which side of an appeal you find yourself on, without the assistance of an appeals lawyer, your chances of a successful outcome are slim. For experienced, caring and dedicated Centennial appeals attorney, call Walker, Wright & Associates LLP Family Attorneys at (303) 730-0067.