Appeals and the Process Podcast. Attorney Heather Morcroft talks appeals and the appeal process – what is an appeal, when to file, what are the steps involved in filing an appeal and should I represent myself are just a few of the topics covered.
Possibly things didn’t go your way – you lost – and you want to see if you can get a new trial or maybe the trial court was wrong, and you should have won instead of lost. Having the final decision in a procedure reviewed by a higher court is an appeal.
How much time do you have to file an appeal? In the state court you have 30 days. You would file a notice to appeal in the trial court and pay a filing fee. The trial court then sends it up to the appellette court. That starts the appeal process.
After the process starts, how does the appeal work? Once in appellete court, a schedule is sent back and briefs are filed – an initial brief by the appellent (person filing the appeal) – an answer brief filed by the appellee (person from the lower court called to explain why the lower court decision should be upheld) – and then the appellant files response brief. At some point following the briefs there will be oral arguments – 15 minutes to argue the case in front of a panel of 3 appellete court judges.
What if you file your own appeal, can you represent yourself. Things can be particularly tricky in appeals and it is a good idea to have an attorney representing you. In appellete court oral arguments are presented in front of a panel of judges. It’s formal and based on legal arguments not factse of the case – which means you won’t be able to tell the judge what happened.
How woud you know if you should file an appeal? Once an attorney has reviewed the transcript from the lower court, they can determine if there are grounds for an appeal. Before you meet with the attorney, it is not necessary for you to obtain a copy of the trial transcript. It is recommended, however, that you DO NOT wait until the 29th day to see an attorney.
If you think there are grounds for an appeal – first, talk to your trial attortney, they will explain the appeal process. Your trial attorney may or not be an appellete attorney. If not, retain an appellete attorney. The appellete attorney will obtain and review the trial transcripts to see if there are grounds for the appeal.
How long does it take before you get a decision from the appellete court on your appeal. Usually it can take 6 months to a year but it has been taking longer.
Why file an appeal? You might get a new trial, a decision overturned. If you get a new trial and you lose, can you appeal that? Yes, you can appeal that decision.
Learn more on this topic by listening to the show with Heather Morcroft, Esquire, as she discusses what you need to know aobout appeals and the appeal process.
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