When you receive a negative decision in your case, it can be difficult to know what to do next. You may be tempted to give up, but did you know that you may have the option to file an appeal? Appealing a case is a complex process, and it is important to understand the grounds for an appeal and why you might not be able to pursue one.
If you are considering filing for an appeal, it is important to consult with an experienced attorney who can guide you through the process.
What are the Grounds For An Appeal?
The first step in understanding the appeal process is to know the grounds for an appeal. Generally, an appeal can be filed if there was a legal error made during the case that resulted in an unfavorable outcome.
Why You Might Not Be Able to Appeal Your Case
Even if you believe that there was a legal error made, you might not be able to pursue an appeal. This is because some errors are not considered "reversible." Reversible errors are those that had a significant impact on the outcome of the case and would have resulted in a different outcome if they had not been made. If the error did not have a significant impact on the outcome of your case, you will likely not be able to file an appeal.
What Does The Appeal Process Look Like In Pennsylvania?
If you do have grounds to file an appeal, the next step is to file a notice of appeal with the court. This will start the appeals process. Once the notice of appeal is filed, the case will be assigned to an appellate court. The appellate court will then review the case and determine whether or not there were any reversible errors made. If they find that there were no reversible errors, they will affirm the decision of the lower court. However, if they find that there was a reversible error made, they will reverse the decision of the lower court and send the case back to be tried again.
How Are Appeals Different From Traditional Litigation?
Appeals are different from traditional litigation in one key way. Appeals are much more focused on the legal errors that were made during the case. In traditional litigation, both sides present evidence and argue their case to the jury. However, in an appeal, there is no new evidence presented. Instead, the appellate court will simply review the record of the case to see if there were any legal errors made.
How Can I Prepare For Filing an Appeal?
If you are considering filing an appeal, it is important to consult with an experienced attorney. An attorney can help you determine whether or not you have grounds to file an appeal and guide you through the appeals process. Additionally, they can help you prepare for filing an appeal by ensuring that all of the necessary paperwork is filed and that you are prepared for the appellate court hearing.
Request a confidential consultation today by calling us at (201) 500-2151. We are waiting for your call!