Bergen County Appellate Law Attorneys
Pursuing Favorable Results After a Judgment or Order
An appeal allows you to challenge a trial court’s decision by arguing that a legal error during trial affected the outcome of your case. The appeal is not a new trial. Rather, a panel of appellate court judges (called justices) will review your arguments and those of the opposing party, along with the original court record. The justices are concerned only with what happened during the trial. They will not consider any new information about your case. If the justices decide in your favor, they may send the matter for a new trial, reverse the decision, or order the trial court to reconsider the facts. Appellate law is a complex area distinct from litigation. It requires a unique skill set that comes from years of practice and experience. Because of this, you need an attorney who knows how to craft persuasive arguments for these matters.
At Herbert & Weiss, LLP, our Bergen County appellate law lawyers have extensive experience handling complex civil cases, including family law and employment law matters. We pursue favorable outcomes for our clients and seek to right wrongs arising from legal errors. Our team has the knowledge, skills, and talents to craft compelling briefs. We review the events at trial and apply appropriate statutes, rules, and court decisions to demonstrate how the outcome of our client’s case resulted from something other than the facts.
To schedule a consultation with an appeals attorney in Bergen County, please contact us at (201) 500-2151 today.
What Is Appellate Law?
Appellate law is the area of the law dealing with challenges to court judgments or orders. It concerns errors during the trial and how those mistakes led to an unfavorable outcome for one party.
When your case goes to the appellate court, you are not getting a new trial. In other words, you can’t present new evidence or call additional witnesses. Instead, you file a written brief explaining your arguments about why specific errors affected your case.
The brief is the most important document in an appeal, as it’s one of the primary sources upon which the justices base their decision. As such, it is crucial to have a succinct yet detailed brief.
Our Bergen County appellate law lawyers conduct careful and thorough research to prepare well-thought-out briefs. We are effective communicators and persuasive litigators who can leverage our skills to protect your rights.
How Do You Appeal a Civil Case?
In New Jersey, you can begin the appeal process after a final judgment or order has been made and filed with the court. You must make your motion for appeal within 45 days of the filing. Note that when an appeal has been filed, the judgment or order made by the trial court is not automatically suspended. You or the other party can still enforce whatever remedy was decided. You must move the court to stay (stop) the order or judgment while the appeal is pending.
As part of your appeal, you must include a written statement containing your arguments. The statement, called a brief, should clearly indicate your reasons for challenging the trial court’s decision. It should refer to laws, rules, court decisions, and other relevant information supporting your claim that a legal error led to a specific result in your case. Your brief cannot refer to evidence or facts that weren’t presented at your original trial. The opposing party will also submit a brief.
The appellate court justices will review both parties’ briefs. They will also look at the original court record, which is everything that happened at the trial. If you or the other party request oral arguments, the justices will also hear these. As with the briefs, the oral arguments cannot discuss new evidence or facts. They also cannot simply be a retelling of what’s contained in the brief. The oral arguments will focus on a specific issue raised or provide clarifying information for the justices.
After everything has been considered, the justices could decide to:
- Affirm the trial court’s decision,
- Modify the judgment,
- Send the case back for a new trial,
- Have the trial court reconsider the facts.
Our team is ready to help with each stage of the appeals process. We recognize that appellate law can be complicated, which is why we will be available to provide clear and straightforward answers and guidance.
What Are the Grounds for an Appeal?
The grounds for an appeal are the legal reasons for challenging the trial court’s decisions. They vary depending on the facts of the case.
Examples of the categories grounds fall into include:
- Legal mistake
- Error in processes
- Misapplication of the law
At Herbert & Weiss, LLP, we take the time to understand the unique circumstances of your case and develop a legal strategy on your behalf.
Reach Out to Our Firm Today
If you want to file an appeal or the opposing party in your case has submitted an appeal, retain an attorney right away. Developing comprehensive and thoroughly researched arguments takes time and dedication. The sooner you hire legal representation, the sooner your lawyer can start writing a brief for your appeal. Our appellate law attorneys in Bergen County are ready to jump into action to protect your rights and future.
Discuss your case with us by calling (201) 500-2151 or submitting an online contact form.
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