UNDERSTANDING CIVIL APPEALS
Civil cases can be appealed just like criminal cases
Civil Suits & Appeals in Southern California
What is a Civil Appeal?
Legal appeals are an application to a higher court in the hopes of getting the final decision made by a lower court reversed. Civil cases can be appealed just like criminal cases can. The process is similar and the guidelines are the same.
However, what makes appellate law complex is the high burden of proof required to file a successful appeal. Appeals are, ultimately, one judge correcting the mistake of another judge. The legal system does not admit mistakes lightly, so compelling (and specific) evidence must be provided to justify reversing a lower court’s decision.
The Obstacles & Deadlines You’re Facing
Because appeals involve the legal missteps of the court, the filing process is a strict procedure with strict deadlines. For example, appellants have 180 days to file a Notice of Appeal—the document that alerts the court that you intend to appeal its decision. Even with extensions, you cannot file an appeal outside of this window.
The intricacies of the process is why our experienced appellate attorney can help you. Our understanding of California’s appeals process allows us to file on your behalf both effectively and successfully. Appellate Attorney Ron Funk’s experience allows him to determine if an appeal is possible in your case, and what he can do to help.
What Is the Purpose of the Appellate Court?
The appellate court is the higher court of law where cases are reviewed and either reversed or left intact. To be clear, an appeal is not a new trial, nor does it give you the chance to present new information or evidence. An appeal is a review of the original judgment only.
Only two factors are considered in appellate court:
- Was there a legal mistake made in the lower court trial?
- Did this mistake change the outcome of the final decision/judgment?
Why You Need Legal Expertise to Appeal
The appeals process is complex, requiring knowledge of who, what, where, and how to file one. A qualified attorney and their legal team can show you the proper way to go about filing an appeal. Lawyers, paralegals, and other legal team members are adept with research, writing, and the appeals process. They will also tell you whether you have cause to bring an appeal, as well as explain the process and the possible outcomes of an appeal.
If you have suffered a loss of your legal rights due to a court decision in a civil action, you may have the right to appeal. Learning whether or not you are eligible to file an appeal starts with a free phone consultation with an attorney. Holstrom, Block & Parke, APLC is a team of highly-qualified and diverse attorneys who can help you with a civil appeal if you feel you have been aggrieved in a civil suit.
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