An appeal is a legal proceeding that happens after a final judgment is
made in the District Court. It is available to either party
- the losing party may appeal in an attempt to overturn the trial
court's decision and the prevailing party may appeal in an attempt to
gain more relief than the court awarded. Appellate practice is
notably different than trial practice. In many instances, it is a
good idea to retain new counsel to handle the appeal, as the first step
of an appeal is a critical review of the existing record.
Appeals are limited to the record as it exists. Generally,
speaking, neither party is permitted to introduce new evidence into the
record that was not considered during the trial. The reason for
this rule flows directly from the dual role of the trial court - to
determine the facts by evaluating the credibility of the evidence and
apply those facts to the law. The appellate court gives deference
to the trial court as far as factual issues are concerned, but reserves
the application of law to itself.
Therefore, representation in this area begins with the timely filing of
a filing of a petition in error. The appellate attorney then
conducts a thorough review of the record - which requires the review of
all transcripts, depositions and all evidence that have been introduced
at the trial court. A brief is prepared and submitted to the
appellate court. All issues to be considered must be raised in
this brief or they are waived. The appellate court then considers
the briefs of all parties and determines if oral argument is required.
If so, oral argument is scheduled before the appellate court. The
appellate court then enters its decision.
Contact John Dunn to discuss your appellate case
now.
