Appeals
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Don't Let an Unfavorable Decision Be the Final Word!
An unfavorable outcome in court can be frustrating, but it doesn't necessarily have to be the end. The appeals process allows you to challenge a lower court's decision by having a higher court review the decision to determine if it was correct, potentially achieving a more favorable outcome.
What is an Appeal?
An appeal is a legal procedure that asks a higher court to review a lower court's decision. The higher court will determine if the lower court made any errors of fact or law during the original case that had an effect on the outcome. These errors could include:
Wrong legal theory: The lower court applied the wrong legal principles to your case.
Applying the right law incorrectly: The lower court used the correct legal principles but applied them incorrectly.
Errors of fact: The lower court misunderstood a fact that had a material impact on how the law would be applied.
The Appeals Process Explained
The appeals process can be complex and difficult to navigate or understand. Here's a general overview:
Eligibility: Typically, you can only appeal a final order or judgment from a lower court. You also have a limited amount of time to start an appeal, so acting quickly is crucial.
Reviewing the Case: Our team will review the lower court record to identify potential errors.
Developing Arguments: We will craft persuasive legal arguments based on relevant case law and legal principles to support your appeal.
Briefing and Oral Arguments: We will prepare comprehensive legal briefs outlining your arguments and may present oral arguments before the appellate court.
Appeals require a deep understanding of complex legal procedures and meticulous attention to detail.
At Schmeltzer Law, we offer :
Experienced Appellate Attorney: Our team has extensive experience handling appeals across various practice areas.
Strategic Approach: We develop a comprehensive strategy tailored to your specific case, maximizing your chances of success.
Clear Communication: We keep you informed throughout the process and address your questions promptly.