Appellate Practice
Appellate practice is the practice of representing clients in appeals and other proceedings in appellate courts. An appeal is a process by which a party to a lawsuit requests a higher court to review the decision of a lower court. The higher court’s review is normally limited to an examination of the record from the lower court, with no new issues raised or new testimony taken, in order to determine whether the lower court made any errors of law. The higher court’s review may result in affirming, reversing, modifying or remanding the lower court’s decision. The other types of proceedings heard by appellate courts are petitions for common-law writs of certiorari, mandamus, and prohibition. These proceedings are conducted similarly to appeals but have a much more limited scope of review.
The most common questions we are asked about appeals:
How long will an appeal take?
Although it is theoretically possible for an appeal to be concluded within about six months, typically an appeal lasts about a year to a year and a half, sometimes longer. If you would like to ask us a question or find out more about the appellate process, contact us.
How is an appeal different from my trial?
The parties in the appeal cannot present evidence or testimony to the appellate court. The appellate court will only review the record that was created in the lower court. Also, the appellate court will not decide disputed issues of fact, such as which witness’ testimony was more believable. It can only decide whether the lower court followed the law correctly and whether there was any substantial competent evidence at all to support the decision of the lower court. There is no discovery in appeals, and typically there is only one court date. At that court date, the judges who will decide the appeal listen to legal arguments from the attorneys representing the parties to the appeal and have an opportunity to ask them questions. No witnesses testify. The judges make their decision based on the record of the trial court, the parties’ briefs, and the oral argument. In some appellate proceedings, no oral argument is held. If you would like to find out more about the appellate process,
What do I look for in an appellate lawyer?
Extensive experience in appellate practice and solid credentials are essential characteristics of a good appellate lawyer. An appellate lawyer must be well versed in the law and have excellent skills in legal research and writing. Our appellate lawyers have handled hundreds of appeals and other types of appellate proceedings. Their credentials include legal publications, legal seminar presentations, and board certification in appellate practice. To contact one of our attorneys specializing in appellate practice, contact us.