Appeals

When a decision is made by a court that is not favorable to you, then you may want to consider an appeal. Contact Harris Law Firm to determine if an issue can be pursued through the appellate process.

What are some examples of issues that can be appealed?

In general, when the court made an error in any decision or ruling in a case, then that error may be appealed. The error must be to the extent that it had an effect on the outcome of the case. Some examples of issues that may give rise to an appeal include:

  • Incorrect application and interpretation of the law
  • Incorrect rulings on the admission or exclusion of evidence
  • Issuing a decision that is not supported by the evidence
  • Violation of constitutional rights and procedural safeguards during the case

How does the appeals process work?

An appeal must be filed within a certain time period, otherwise, your ability to appeal is waived. An appeal is filed with an appellate court, which then sets time frames within which certain events must occur. The appealing party files a written brief that sets forth the issues being appealed, the applicable law, and your argument. The opposing party then has an opportunity to respond. The appellate court may then allow for the parties to make an oral argument in support of their respective positions. After considering the briefs and argument, the appellate court will issue a decision that either affirms the original court decision or identifies issues and remands the case back to the original court for reconsideration.

Appeals are complex, so it is important that you follow the procedures and fully set forth your argument. An attorney can help you understand whether an appeal is recommended. An attorney can also provide legal representation throughout the appeal. Contact The Harris Law Firm to schedule a consultation about your possible appeal.