A case does not always end when the jury (or Judge) enters a final judgment. Many times the case can go on for months and even years afterward through the appeals process. An appeal is an opportunity to have a higher Court overrule the trial court’s decision based on a matter of law. It is important to understand, though, that an appeal is not simply a re-trial of the case. It is also important to know that there are very specific and strict procedures that must be followed in filing an appeal.
During the appeals process, the parties are allowed to submit arguments to the Court to support their position. The Court of Appeals will then consider the arguments and make a decision to either affirm or reverse the trial court’s ruling. The Court of Appeals may also remand (i.e. send back) the case to the trial court for additional consideration and/or a new trial. The Court of Appeals typically takes about 12 to 18 months to issue a decision. The chances of success vary with the facts and law at issue in each case. But even a strong case will generally take a substantial amount of time to receive a ruling.
An appeal can be a long and costly process. Before you decide whether or not to appeal a case it is recommended that you consult with an experienced attorney. We can provide you with the information and counsel you need to make the right decision.
If you are considering an appeal, it is very important to meet with an attorney as soon as possible in order to ensure that your rights to an appeal are preserved. You are not entitled to an appeal if it is not filed in the required time frame.