APPEALS
Our practice includes appellate practice on civil and criminal matters. Our pre-appellate strategy provides our clients with a realistic account of the appellate process, its time and costs, and the likelihood of success. Unlike trial litigation, where new evidence can be discovered and used at trial, cases on appeal use a set record of evidence and facts.
Should I appeal my case?
Wether or not to appeal a lower court decision is fact specific. Typically a party will appeal if the party believes that there were errors or injustices in the judgment.
What are some common reasons why a party files an appeal?
Legal Errors: If there was a mistake in the interpretation or application of the law, this could be grounds for an appeal. This might include misinterpretation of statutes, precedent, or legal principles.
Procedural Errors: Errors in the legal procedures followed during the trial, such as the admission or exclusion of evidence, may be grounds for an appeal.
Misconduct: If there was misconduct on the part of the judge, jury, or opposing party that affected the fairness of the trial, it could be a basis for an appeal.
New Evidence: If new and relevant evidence emerges that was not available during the lower court proceedings, an appeal may be warranted.
Constitutional Issues: If there are concerns about the violation of constitutional rights during the trial, such as the right to a fair trial or due process, it may be possible to appeal on constitutional grounds.
Abuse of Discretion: If the lower court judge abused their discretion in making a decision, an appeal may be pursued. This often involves showing that the judge's decision was arbitrary or unreasonable.
Substantial Errors of Fact: If there are substantial errors in the lower court's findings of fact, an appeal may be pursued. However, appeals courts usually give deference to the lower court's factual determinations.
It's important to note that not every unfavorable decision is a valid basis for appeal. Appeals are generally focused on legal errors or significant issues that affected the fairness of the trial. Additionally, there are specific procedures and deadlines for filing appeals, so it's crucial to consult with an attorney to determine the viability of an appeal and to ensure that all necessary steps are taken within the required timeframes.
What is the process of appealing a verdict?
Review the Verdict: Before filing an appeal, it's important to carefully review the verdict and the trial record. Identify the specific legal errors or issues that you believe occurred during the trial and that may warrant an appeal.
Consult with an Attorney: It's advisable to consult with an appellate attorney. They can assess the strength of your case, help you understand the grounds for appeal, and guide you through the legal process.
File a Notice of Appeal: In most jurisdictions, including Idaho, the first step in the appeals process is filing a notice of appeal. This document formally notifies the court and the opposing party that you intend to appeal the verdict. The notice of appeal is time-sensitive, so it's crucial to file it within the specified timeframe.
Transcript Preparation: A complete record of the trial proceedings, known as the trial transcript, is necessary for the appeals court to review the case. This transcript includes a verbatim record of everything said during the trial.
Appellate Briefs: Both the appellant and the appellee (the party responding to the appeal) submit written arguments, called appellate briefs, outlining their legal positions. These documents present the legal arguments, relevant case law, and statutes supporting each party's position.
Oral Argument: The appellate court may allow oral arguments, where attorneys present their case and respond to questions from the appellate judges. Oral arguments provide an opportunity to further clarify and emphasize key points.
Appellate Court Decision: After considering the written briefs, oral arguments, and the trial record, the appellate court will issue a decision. The court may affirm, reverse, or modify the lower court's decision. In some instances, the case may be remanded (sent back) to the lower court for further proceedings.
Further Appeals: Depending on the legal system and the nature of the case, there may be additional levels of appeal beyond the initial appellate court. In some cases, the parties may have the option to appeal to a higher court, such as a state supreme court or a federal appeals court.