The Calhoun Law firm appeals attorneys can evaluate your trial case to determine whether or not matters, including final judgments and interlocutory orders, are appealable. Our appeals attorneys know the procedures for obtaining a review, can provide advice about the proper record on appeal, and we can properly frame the case to obtain the best scope of review. Some of services include:
IDENTIFYING GROUNDS FOR A CIVIL APPEAL
The Calhoun Law Firm can assist its clients determine whether or not a decision is appealable. An unfavorable decision is not by itself basis for filing an appeal. For a higher court to reverse a decision or order a new trial, you must demonstrate legal or factual errors in the justice process that affected the decision, such as:
a judge's misapplication of the law or legal precedent
prejudicial evidence or testimony improperly allowed
favorable evidence wrongly excluded
errors in jury instructions
procedural errors in motions, hearings or the trial
whether a witness told the truth, or
the veracity of evidence presented
FILING AND BRIEFING A CIVIL APPEAL
Generally, parties involved in a civil appeal are the appellant or appellee. The appellant is the party initiating the appeal. After the entry of the trial court order or judgment, the appellant is required to file a Notice of Appeal and pay a fee. After all the fees are paid and the trial court record is sent to the Court of Appeals a date will be provided for the appellant to file an Opening Brief. The appellee files a Response Brief. The appellant then files a Reply Brief. After the appeal is fully briefed, the court may schedule oral argument, if necessary or requested.
ORAL ARGUMENTS IN A CIVIL APPEAL
Oral arguments before the appellate court provides an opportunity to clarify your position and respond to questions from the appellate court. Preparation is required on the law and the facts of your appeal. Oral arguments can also be an opportunity to convince the court that the trial court did (or did not) make a mistake requiring reversal. Oral arguments are before a panel of judges who may ask the questions about the law or the facts of the case. We can represent your interests during oral argument. Contact us.