Why I Need an Appeals Lawyer and What Is an Appeal

Why I Need an Appeals Lawyer and What Is an Appeal

The appeal process is an appeal of a lower court decision to a higher court. Lawyers who handle appeals represent parties who lose or are not satisfied with the lower court’s decision. Appeal court judges examine the record created in the trial court. We cannot add anything new to the record; it is not the right time to add new evidence or facts. An appeal does not resemble a trial and is unlike what you would see on television. There is much less excitement in appeals, and they are usually handled by an experienced lawyer with research and writing skills. Legal briefs that look like a book are presented by appeals lawyers to appeals courts. In response to the written briefs, the appeals court decides whether to affirm or reverse the judgment of the trial court.

appeal lawyers in California tell the appeals court why the trial court made mistakes and should be overturned when they represent you as the person appealing. Lawyers who represent appellees, those who contest the trial court’s decision, explain why the ruling was correct.

An Overview of Arizona Superior Court Appeals

Appeals courts review rulings from superior courts in Arizona. Those who file a case in Superior Court in Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo or Apache County will have their case heard by Division One of the Court of Appeals. Division Two handles cases from Superior Courts elsewhere in the state. A notice of appeal must be filed within 30 days if you are unhappy with the superior court decision. This deadline is absolutely strict; it’s called “jurisdictional.” If you miss this deadline, your right to appeal will most likely be lost.

Do You Know The Difference Between A Writ and Appeal? | Los Angeles Criminal  Defense Blog

The Things You Need to Bring to Your Meeting with an Appeal Lawyer

You will need to bring a few important documents with you when you first meet with an appeals lawyer. You must bring the judgment with you. To determine whether it’s an appealable judgment, an appeals lawyer will want to see a signed and final judgment. An appeals lawyer will then review the record of the case, including any hearing transcripts and any documents you provided to the court, to determine whether there is an issue worth appealing and whether the trial judge made a mistake that can be rectified on appeal.

It is always the case that people will tell appeals lawyers all the mistakes their trial lawyers made. On appeal, however, that does not help you since your lawyer will have to work with the record that already exists. In addition, things that were not presented at trial or that were not in the official court files will not be considered by the appeals court. As the appellant, it is the lawyer’s job to explain to the appellate court why, in light of the facts presented to the trial court, there was a mistake and that the trial court’s ruling should be reversed.

The last question you might ask is why you need an appeals attorney if you win. The decision must be defended by a brief that is prepared by an appeals lawyer on your behalf if your opponent appeals. As the attorney representing the appellant – the person who won – it is his or her responsibility to demonstrate to the appeals court that the trial court analyzed all the evidence and ruled correctly.