After they have received an adverse ruling from a court, clients immediately begin talking about a civil appeal. This process is far different from a civil trial. It demands an attorney who is well-versed in appeals.
An appeal does not retry the initial case. In fact, in most appeals, the trial court’s ruling will get some respect from the appellate court. After all, the trial court worked hard to learn and establish the facts in your case. This is what a trial court does, and appeals courts will not overrule trial courts in this area.
Oftentimes, you do not have a lot of time to appeal in your case. There are very tight timeframes to file a notice of appeal. You will need to have your grounds quickly. Usually, this requires advance preparation in a hurry. You should have a San Francisco civil appeals attorney who can get to the heart of the matter quickly.
What an appeal usually comes down to is finding some mistake that the trial court made in your case. It could be that the court applied the law to the facts the wrong way. It is not enough to just say that the trial court got it wrong in general. Instead, you need to come to the table with specific mistakes for the court to consider. The court will consider your specific claims and will not try your case again from the beginning.
Here are some common grounds for civil appeals:
In a civil appeal, your lawyer will not spend a great deal of time in court. The bulk of your appeal comes in the form of the brief that your lawyer will file. This will be an extensive document that lays out the grounds for appeals and provides the case law that supports your position. At some point, you may have oral arguments in front of the court. Your lawyer will be given a period of time to argue the case, and the judges may cut in to ask questions of their own to better understand your position.
Depending on the case, you may have multiple levels of appeal. You will automatically get your day in court for at least one appeal. Higher courts will have to decide to accept your case. There is a reason why you are appealing. Given the stakes, it is in your best interest to come to the table with experienced appellate counsel.
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