Strategies to Winning a Court Appeal

If the judge rules against you in a civil trial, it can feel like a terrible setback. It is important to know, however, that the judge’s ruling is not necessarily the final word. There are circumstances when an appeal is appropriate, and in such an instance, you can pursue a more favorable ruling. An appeal is a legal request that a higher court review the findings of a trial court, and while it’s a legally challenging matter, there are strategies that can help you prevail on appeal. One of the most important steps you can take toward this end is consulting with an experienced California civil appeals attorney early in the appeals process.   

Work Closely with a Seasoned Attorney

Appealing a trial court’s decision is a daunting undertaking, which makes having a savvy employment law attorney with impressive experience successfully navigating the appeals process in your corner paramount. The better your attorney knows their way around appeals, the better prepared they’ll be to help you obtain a favorable resolution by winning yours.

Pinpoint the Grounds for Your Appeal

Not liking a trial judge’s ruling or a jury’s verdict is not a legitimate ground for appeal. You must have a valid reason for your appeal, and legitimate grounds for doing so include all the following:

• The original judge in your case made legal errors.
• The court proceedings were unfair in the sense that they caused you to experience substantial harm
• There was evidence in the original case that did not support the verdict.

Defining the grounds for your appeal is a critical step in the appeals process.

Appeals Are Strict Legal Processes

Going to trial is a serious legal endeavor, but moving forward with an appeal requires even more fortitude. There are tight deadlines, complicated filings, strict rules and regulations, and intricate guidelines involved, and failing to comply with any one of these can thwart your attempt to successfully appeal your case’s original ruling.

Potential Outcomes

Once the appellate judges have reviewed your case, they have the following options when it comes to their decision:

• They affirm the lower court’s decision, which means they are in agreement with it – and you’ve lost your appeal.
• They reverse the lower court’s decision, which means they strongly disagree with it – and you’ve won your appeal.
• They remand the lower court’s decision, which means they send it back to the lower court to reconsider the evidence or to hold a new trial.
• They reverse and remand the lower court’s decision, which means they disagree with the lower court’s decision and return it for corrections.

Turn to an Experienced California Employment Law Attorney for the Help You Need

The formidable California employment law attorneys at Olivier & Schreiber LLP have a wealth of experience successfully tackling complex appeals and are well prepared to harness the imposing power of their legal skill and insight in pursuit of your appeal’s most advantageous outcome. For more information about what we can do to help you, please don’t put off reaching out and contacting us today.