When civil disputes are brought to court, the judge issues a ruling based on the facts and arguments presented by the plaintiff and defendant. However, these rulings aren’t always fair or just. Judges are human, and they may make mistakes. If you believe that there was a mistake made in your case, you may be eligible to file an appeal.
Appeals can help you pursue a fair outcome despite an initial mistaken ruling. Here’s what you need to know about appeals and how the proper representation can help you seek justice.
What Is an Appeal?
An appeal is a petition to a Court of Appeals, or appellate court. This is a higher court that has the right to review and potentially overturn decisions made by lower courts if it appears there has been an error of law.
In an appeal, your case is not being heard again. Instead, the court examines the facts of the case and the rulings issued by the original judge. If the court determines that an error of law led to a miscarriage of justice, it will grant your request. In that case, there are two possible outcomes:
- Your case may be remanded to the original trial court with instructions to fix the mistake. Often, this includes ordering a new trial.
- The appellate court may overrule the trial judge’s ruling and dismiss the case.
The best outcome for you depends on the subject of the lawsuit and your role within it.
How Experienced Legal Representation May Improve Your Appeal
The appeals process is significantly different from a standard lawsuit. If you are considering filing an appeal, it’s vital to have an experienced appeals attorney on your side. Appeals involve substantially different legal research compared to standard trials. In addition, the procedural nature of the appeals process is substantially changed.
In an appeal, your attorney cannot make any mistakes in research or procedure, or your request for review will likely be denied. Working with an experienced appeals attorney ensures your case has the best chance of success.
Discuss Your Case With Experts at Alexander Morrison + Fehr, LLP
Even the best judge is only human. If you believe a ruling made in your civil lawsuit was unfair, unjust, or mistaken, you may be able to appeal the decision. The expert attorneys at Alexander Morrison + Fehr, LLP are available to help you file your claim and pursue justice. We have years of experience representing clients in appeals in the US and California Supreme Court and both state and federal appellate courts. We have the knowledge and skills to advocate for you, no matter how complex your case may be. Schedule your consultation to discuss your case and learn more about how we can help you with your case today.