An appeal is a request to the higher court, asking them to review the lower court’s decision. The request is made by either party when they are not happy with the earlier decision. While the appellate court will review the trial record, it does not consider new facts or evidence. Plus, some different procedures and policies govern this process. Appellate lawyers consider a range of circumstances to decide if there’s a possibility for appeal. If you are planning an appeal, here are a few things you should expect.
1. An Appeal Is Not the Same as a Retrial
Often people consider an appeal as an opportunity for a retrial. But the appellate court’s job is only to determine whether the law was applied correctly in the lower court. It is neither a retrial nor a new trial of the case, and appellate courts do not accept new evidence or witnesses. They only look for legal errors in the trial case judgment. Appellate courts only consider reversing an error if the error affects the outcome of the case.
2. Winning an Appeal Does Not Mean Winning the Case
People also wrongly assume that winning an appeal seals the case’s outcome and is as good as winning a case. Depending on the result you are hoping to get, it could mean that you’ve managed to reinstate a dismissed case or given an opportunity to correct a complaint. In some cases, a new trial is scheduled, or a new administrative hearing is advised. Appellate lawyers must advise their clients about the various outcomes before filing for an appeal.
3. Standard of Review Is Important
The standard of review is an essential element that decides the outcome of the case. A standard of review is the appellate court’s criteria to evaluate the lower court’s decision. In the United States, there are different types of standards of review: a question of fact, the question of law, and procedural errors. Some issues could involve a mixed standard of review.
It is essential to work with Brownstone law appellate lawyers who exclusively represent appeals. Their experience helps choose errors carefully, discern the correct standard of review, and prepare an ironclad opening brief. Call us at 888-233-8895 if you want to discuss an appeal.
