Englewood Appeals Lawyer
Seeking Positive Outcomes Following Judgments or Orders
An appeal provides an opportunity to contest a trial court's decision by asserting that a legal error during the trial influenced the outcome of your case. An appeal does not result in a new trial. Instead, a panel of appellate court judges (referred to as justices) will review your arguments as well as those of the opposing party, along with the original court record. The justices focus solely on the events that transpired during the trial and do not consider any new information about your case. If the justices rule in your favor, they may order a new trial, reverse the decision, or instruct the trial court to reexamine the facts. Appellate law is a specialized field separate from litigation, requiring a distinct set of skills acquired through years of practice and experience. For this reason, it is essential to have an attorney who can construct persuasive arguments for these matters.
At Herbert & Weiss, LLP, our appellate law attorneys in Englewood possess extensive experience handling intricate civil cases, including family law and employment law issues. We strive to achieve favorable outcomes for our clients, rectifying injustices stemming from legal errors. Our team possesses the knowledge, skills, and talents to create compelling briefs. We analyze the trial proceedings and apply relevant statutes, rules, and court decisions to demonstrate that factors other than the facts contributed to the outcome of our clients' cases.
What Constitutes Appellate Law?
Appellate law encompasses legal challenges to court judgments or orders, focusing on errors that occurred during the trial and how these mistakes led to an unfavorable outcome for one party.
When your case reaches the appellate court, you do not receive a new trial. In other words, you cannot introduce new evidence or call additional witnesses. Instead, you submit a written brief outlining your arguments regarding the specific errors that impacted your case.
The brief is a crucial document in an appeal, serving as one of the primary sources on which the justices base their decision. Consequently, it is essential to have a concise yet detailed brief.
Our appellate law attorneys in Englewood conduct meticulous and comprehensive research to prepare well-crafted briefs. We possess effective communication skills and persuasive litigation abilities, which we leverage to safeguard your rights.
How Can You Appeal a Civil Case?
In New Jersey, you can initiate the appeals process after a final judgment or order has been rendered and filed with the court. You must file your appeal motion within 45 days of the filing. It is important to note that when an appeal is filed, the trial court's judgment or order is not automatically suspended. Both parties can still enforce the decided remedy. To halt the order or judgment while the appeal is pending, you must request the court to issue a stay.
As part of your appeal, you must include a written statement presenting your arguments. This statement, known as a brief, should clearly articulate the reasons for contesting the trial court's decision. It should reference relevant laws, rules, court decisions, and other pertinent information supporting your claim that a legal error resulted in a specific outcome in your case. Your brief cannot introduce evidence or facts that were not presented during the original trial. The opposing party will also submit a brief.
The appellate court justices will review both parties' briefs and examine the complete court record, which encompasses all proceedings during the trial. If requested by either party, the justices may also hold oral arguments. Similar to the briefs, oral arguments cannot address new evidence or facts. They should focus on specific issues raised or provide additional clarification for the justices.
After thorough consideration, the justices may choose to:
- Affirm the trial court's decision,
- Modify the judgment,
- Remand the case for a new trial,
- Instruct the trial court to reevaluate the facts.
Our team is prepared to assist you at every stage of the appeals process. We understand that appellate law can be intricate, and we are available to provide clear and straightforward answers and guidance.
What Are the Grounds for an Appeal?
The grounds for an appeal refer to the legal reasons for challenging the trial court's decisions. These grounds vary depending on the specifics of each case.
Examples of grounds for appeal may include:
- Legal errors
- Procedural mistakes
- Misapplication of the law
At Herbert & Weiss, LLP, we take the time to comprehend the unique circumstances of your case and formulate a legal strategy on your behalf.
Get Help with Filing an Appeal Today!
If you wish to file an appeal or if the opposing party in your case has initiated an appeal, it is crucial to promptly retain legal representation. Developing comprehensive and well-researched arguments requires time and dedication. The sooner you secure legal counsel, the earlier your attorney can begin crafting a brief for your appeal. Our appellate law attorneys in Englewood are ready to take swift action to protect your rights and future.
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