Legal appeals are an application to a higher court in the hopes of getting the final decision made by a lower court reversed. Civil cases can be appealed just like criminal cases can. The process is similar and the guidelines are generally the same. Some matters are considered as an "accelerated appeal" and have much shorter time deadlines.
However, what makes appellate law complex is the high burden of proof required to file a successful appeal. Appeals are, ultimately, one judge correcting the mistake of another judge. The legal system does not admit mistakes lightly, so compelling (and specific) evidence must be provided to justify reversing a lower court’s decision.
The appellate court is the higher court of law where cases are reviewed and either reversed or left intact. To be clear, an appeal is not a new trial, nor does it give you the chance to present new information or evidence. An appeal is a review of the original judgment only.
Only two factors are considered in appellate court:
Was there a legal mistake made in the lower court trial?
Did this mistake change the outcome of the final decision/judgment?
Why You Need Legal Expertise to Appeal
The appeals process is complex, requiring knowledge of who, what, where, and how to file one. A qualified attorney and their legal team can show you the proper way to go about filing an appeal. Lawyers, paralegals, and other legal team members are adept with research, writing, and the appeals process. They will also tell you whether you have cause to bring an appeal, as well as explain the process and the possible outcomes of an appeal.
If you have suffered a loss of your legal rights due to a court decision in a family law matter, you may have the right to appeal. Learning whether or not you are eligible to file an appeal starts with a free consultation with an attorney. Bradley K. Williamson is an experienced and highly qualified attorney who can help you with an appeal if you feel you have been aggrieved in a family law suit.
Contact our office today at 254-634-0604 to schedule your free initial consultation and speak with our attorney to discuss your legal matter.