Civil Appeals
When a jury enters a courtroom to deliver a verdict, it can be stressful. If you are the plaintiff, you’re counting on the jury to give you justice, which in a civil case usually means a monetary award. You may badly need that money – you may be unable to work, you may need a wheelchair or other expensive equipment, or you may need costly medical treatment. If the jury denies your claim, you may be left feeling shocked, angry or afraid. How can you resolve the problems that you counted on the jury to fix?
This is where you need a skilled appellate attorney to help you. Not every verdict is correct. Civil trials are complex, involving many documents and witnesses, and the judge may have made a mistake regarding what evidence should be allowed. The judge may have given the jury instructions that did not accurately state the law. A witness may have said something that the judge previously instructed the parties not to put in evidence. Many grounds exist for attacking a judge’s or jury’s decision—including many that are complex or technical. Oftentimes only an experienced appellate lawyer will spot them all.
If you think that a judge or jury made an error in your trial, you need an experienced civil appellate attorney. Appellate attorneys know how to navigate the complex appeals process and are particularly skilled at analyzing your case and researching arguments that give you the best chance to succeed on appeal. Worley Appellate’s civil appeals attorneys possess these skills and are tenacious advocates with proven track records of success in state and federal courts of appeal.
Here are some questions clients often have about appeals:
What is a civil appeal?
A civil appeal is a request to a court of appeals to review a trial court judge’s or jury’s decision. You start the appeals process by filing a document called a “notice of appeal” in the trial court. You typically have only 30 days to get your notice of appeal filed, so time is of the essence.
What happens after the notice of appeal?
After filing your notice of appeal, your appellate attorney will prepare and file a document called a “brief” that describes the errors that caused the adverse result in the trial court. Your brief will include a summary of the facts of your case, arguments supported by extensive research into state and/or federal law, and a request for the relief you want (such as a new trial). The court of appeals will review your brief, the brief prepared by the other party’s attorney, the trial transcript and other documents relevant to your claims. Your attorney may be able to request oral argument before the court, or the court may request it. These oral arguments must be extensively prepared and flawlessly executed, and your attorney must be prepared to answer the court’s questions on the spot. This is a job best handled by an experienced appellate attorney.
What are some common reasons for an appeal?
Common grounds for a civil appeal include errors of law during the trial (such as denying your objections to evidence or testimony), errors in allowing biased jurors to serve, and errors in the jury instructions explaining the law.
If you or someone you know believes that a judge or jury made a decision that was wrong, contact Worley Appellate today to discuss your case. Our appellate lawyers have more than 30 years of experience handling complex appeals and we have the resources to investigate and prepare your appeal. Worley Appellate represents people from communities across the United States.