Appeals

An appeal is not another trial but an opportunity for a litigant or defendant to try and raise specific errors that may have occurred at trial. Appeals are common in family law and criminal defense matters.

Legal Grounds for an Appeal can Include:

Assertion of errors made by the court in applying legal standards
Assertion of errors by court in admission of evidence
Abuse of discretion by a judge as to a finding in the case
Misapplication of the law by the judge

Initiating an appeal involves a distinct procedure that begins with the submission of a notice of appeal, a crucial step to be undertaken within a stipulated timeframe of 49 days from the reception of the written order. If the notice is not filed within 49 days, you are unable to appeal your matter.

If you are considering appealing a matter, we would encourage you to discuss the appeal with your attorney. Your attorney should be able to provide you with information on potential legal grounds for an appeal, provide insights into areas where the ruling may be vulnerable, and outline the appellate process.

Prior to initiating an appeal, our standard practice is to conduct a thorough examination of your case to ascertain whether we deem an appeal justified. In certain instances, discernible appealable issues may be evident from the order, and we can accept the case immediately. Most of the time, we need to perform a review of the case file and transcripts. It is very important to promptly order the complete transcript of the proceedings, even before deciding on the appeal as a transcript can take nearly a month to produce.

If you have other questions regarding an appeal, contact us.