Our appeals attorneys possess the experience and understanding to handle complex family law issues related to appellate matters. Our full understanding of divorce laws, including premarital agreements, spousal support, child visitation, child custody, child support, community property, separate property, breach of fiduciary duty, and more, allows us to focus on family law and the multifaceted issues involved while providing you with superior legal services during the appellate process. Our reputable firm invites you to reach out to us for a candid, objective assessment of issues that may be appealable in your case.
When you are unhappy with a decision made in trial court, you may challenge the unfavorable decision by filing an appeal. An appeal may only be filed within a short amount of time after a final decision in trial court has been made. The time to file an appeal will vary from state to state, but generally, it is within 30 days. To determine the filing deadline, it is best to reach out to an experienced appellate attorney immediately. To initiate an appeal, a notice of appeal must be filed by the appellant in the trial court. Additionally, the appellate must assign an appellate record, which contains any material from the trial court that the appellate wants to have reviewed by the appellate court. It can be beneficial to contact an appellate counsel early in the process in order to ensure and protect the record for appeal.
When an appeal is filed, you are essentially asking a higher court to review what transpired and reverse the trial court’s decision. An appeal does not involve a new trial and no new evidence can be presented. Our experienced attorneys know how to emphasize the record and build a case on appeal while identifying the trial-court errors. Three judges who serve on a panel from the appellate court are responsible for determining if the law was applied correctly and whether proper procedures were adhered to. There are some courts that will hear oral arguments from both sides after reviewing the submitted material.
The appeal process can take anywhere from a few months to a year or more depending on the court and whether the court will be hearing oral arguments from both sides. After a decision is made, the panel will provide their decision in writing along with the reasoning behind it. The decision can become a binding authority over future cases and published in the official reports if the court so chooses. However, an appeal may be initiated in a higher court, such as the U.S. Supreme Court or a state supreme court, if you are dissatisfied with an appellate court ruling. Whether the subject matter involves a federal question or which court made the initial ruling can be determining factors among others as to which court would be appropriate to file an appeal in.
Combining our team of attorneys with our unique skills to present your case at the appellate level can add great value to your case. Reach out to us today for a fresh perspective.