Understanding the Appeals Process

An appeal is a legal process that involves asking the appellate court to evaluate the decision made by the judges at the trial court. Appealing a case, even immediately after trial, may not stop the order from the lower court from going into effect.

In this blog post, we provide a short overview of the appellate process. However, if you are unsure where to start or whether you should file an appeal, the first step is having a conversation with an appellate attorney.

During Trial Proceedings

You can begin preparing for your appellate case during the trial proceeding by collecting facts about the trial court’s ruling. Your trial lawyers will focus on preparing for the case, arguing motions, and upholding your interests at the trial court.

However, this can blind even the best trial lawyers from noticing the technical legal aspects that can lead to an error validating the reversal of a ruling on appeal. This is why some trial attorneys will include an appellate attorney on their trial team to ensure all the legal aspects are met during the trial process.

If you disagree with the trial court’s judgment because you feel there were errors, you have the right to file for a post-trial motion or a motion for reconsideration. Once the judge issues the order, you only have a limited amount of time to appeal. To begin the appeals process, you have to give a notice of appeal where the reporter and clerk’s records should be filed 30 days later.

Court of Appeal Briefs

The first brief is due 30 days after filing the reporter and clerk’s records, followed by a response brief a month later and a reply brief 20 days later. It’s important to understand that these deadlines for court appeal briefs are subject to extensions, and the process can take even longer where there is a need for more briefs to address several issues.

Submit Your Argument

Once you file the briefs, you need to submit your case to a three-judge panel at the court of appeal. You can choose to present a written submission or an oral argument. It is essential to hire an appellate attorney who understands the law and can discuss the law or facts about your case during this stage.

Remember that your lawyer cannot provide new evidence, witnesses, or anything new before the judges. The process involves reflecting on the trial process, examining the hearing transcripts, and the order issued during the trial.

Opinion of the Judges and Rehearing

Concurrence of two out of the three judges at the court of appeal is essential to form the final decision. The judges will then write and file the opinion, where the losing party has the right to file a petition for rehearing. There is also room to file a petition to the supreme court after the court of appeals’ opinion.

Looking for an Ellis County Appellate Attorney? Get in Touch

If you need the assistance of an appellate attorney in Ellis County regarding your appellate case, we are ready to help you at Foster Massengill, PLLC. Contact us online today or call us at 972-937-1616 to schedule an appointment with our lead lawyer, JD Foster.