The dispute that has consumed much of your time and resources is finally over, and the jury has read the judgment. This should have been a moment of happiness and jubilation, but unfortunately, it is not. The jury has ruled in favor of the other party, although you presented enough evidence proving they were liable.
What do you do now? You first need to establish valid grounds for appeal, for example, a wrong interpretation of the law by the court. Now find a local appeals attorney to help you file an appeal at the senior courts.
Below are the steps to take when filing an appeal after an unfavorable ruling:
1. Notice of Appeal
Notify the circuit court that you are appealing their decision by filing a simple form from the state’s judiciary website. Include all the essential information, including the names of the involved parties, the case number of the appeal order, and a summary of the reasons for the appeal.
Serve the opposing parties a copy of the notice of appeal, ensuring you sign a statement on the bottom of the form to certify you handed it to them. Next, pay filing fees, which usually range between $100 and $250 in most states. If you don’t have the money, the accounts clerk can help you apply for a waiver on the court’s website. File the notice of appeal with the court clerk.
Stakes are always high in dispute and appeal cases, and you want to take your time. It would be prudent to confirm from the trial court clerk whether they transferred the documents to the relevant court. The documents should also include proof that you have also served the defendants.
2. Request a Record of Appeal From the Courts Clerk
You and the appellate court will have to review recordings of the events that unfolded at the trial court. These recordings are usually stored on tape and must be transferred on paper. Since transcription takes time and many transcripts are on demand for different cases, request your copy in advance.
Please note that you have to pay transcription, charged per page. More pages mean you pay more. After paying, the written documents should be ready within a week.
Different states have different procedures. A local lawyer who is well acquainted with court processes can help you at this point.
3. Draft an Appellant’s Brief
An opening brief explains why you think the trial court was wrong. The document seeks to help the appeal court judges understand your point of view concerning the lower court ruling. When drafting this document, include all the information you think will be helpful in proving your case.
An opening brief should contain a list or descriptions of errors, such as misinterpretation of the law. These errors must have been made during a trial or the litigation process. To make it more convincing, reference the specific parts of the transcripts recorded during the trial. The references should be within brackets, depicting the particular page and the lines containing the error.
You should also explain how each argument is incorrect and cite relevant case laws. Lastly, write a concluding request pleading with the appellate court to rule in your favor and overturn the trial court’s order.
4. File Your Brief
File the brief within the statute of limitations in your state. In most cases, you and the defendant have a month from the lower court’s ruling to file your opening briefs per the briefing schedule. Wait for the appellate court’s decision.
Final Words
After the end of a disputes and appeals case, you may agree or differ with the judgment. You may file an appeal following the above steps if you have valid reasons for disagreeing with the lower court. Ensure you bring a local appeals lawyer on board for practical guidance.
