When you believe a judge has made a mistake in a case, you would ask a higher court for an appeal where the higher court judge reviews the judgment. You have an appellant (litigant who filed the appeal) and an appellee (litigant the appeal is filed against). The “record” is reviewed by the higher court to see if the lower court judge made a mistake that needs to be corrected.
Other terms for the higher court include:
- court of appeals
- appellate court
- supreme court
Important Reminders:
- Your case must have a final ruling for an appeal to be filed. As an exception during an ongoing court case, an “interlocutory appeal” may be filed to appeal the judge’s decision on an issue.
- While you wait for the appeal process, the court order still goes into effect and must be followed unless a “stay” is granted with a filed Motion to Stay.
- New evidence is not allowed for submission with an appeal to a higher court. Whatever evidence, documents, or transcripts are available from the trial court are what the higher
- court will review.
What to Consider:
- Time: Appeals can take up to a year to complete.
- Expense: Not only will you need to pay for an expensive appellate attorney, but you’ll also have added costs of the filing fee and paying for the pricey written transcripts, which most states will not waive the fee on.
- Outcome: Winning an appeal is quite challenging. You may face the same trial judge, and even if you are granted an appeal, the judge may still rule in favor of the other party during relitigation.
- Toll: With a lengthy process, if the other party is your abuser, you may be drawing out the dispute or angering them further, putting your safety and emotional state in jeopardy.
Whether you're facing a contentious legal dispute that demands litigation or requires skilled representation in an appellate matter, our attorneys are well-equipped to provide you with the strategic guidance and vigorous advocacy needed to protect your interests.
Trust Hoover Kacyon, LLC, to be your trusted partner in legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals.
The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with criminal defense cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
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