APPEALS

What happens when you are dissatisfied with the results of a trial in your case? You might consider whether to appeal your case to a Court of Appeals. Courts of appeal review cases that occur at the trial court level. A panel of judges who sit on the court of appeals hears and decides the appeal. The case is decided by majority vote of the appellate judges on the panel.

Appellate courts do not take evidence or hear testimony of evidence. Instead, the appellate courts review the evidence developed at the trail court level, looking for mistakes made by the trial judge. The procedure involves only written and oral statements of attorneys. First, an attorney for a dissatisfied litigant files the appeal, raising specific points of alleged error on the part of the trial judge. That lawyer ultimately files a lengthy legal brief, detailing all the alleged mistakes or points of error that occurred in the trial court. In most cases, the case will be set for oral argument, where the appellate lawyer appears before the court of appeals and argues the case before the panel of judges, who will question the lawyer about the matter.

Appeals involve strict rules and complex procedures. Appellate attorneys must pay great attention to detail and display excellent writing skills. Furthermore, appeals are time-intensive and therefore, frequently expensive. Before you decide whether to invest the time and money required to successfully prosecute an appeal, you first need experienced legal counsel to advise you on your odds of success.

If you believe you might have a case worth appealing, contact the Law Firm of Martin & Wallentine to discuss your case. We can determine whether you have an issue or issues worth appealing, and give you an approximate cost. If you decide to proceed and we take your case, you can rest assured your case is in good hands. We greatly enjoy legal research, writing, and advocacy before appellate courts, and we take the appeals process very seriously.

Many different cases can be appealed, including family law matters, criminal cases, and othe legal issues. Additionally, most cases from a municipal court can be appealed to the District Court. For example, if you are dealing with a case in the city court of Overland Park, KS, you can appeal it to the Johnson County Kanas District Court. However, cases must be timely appealed. So, if you have a legal issue, speak with an experienced attorney right away.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.