Thursday, May 13, 2010

What You Need to Know About Civil Appeals

An appeal is a court proceeding in which a higher court will review the actions taken by a trial court. A civil appeal is generally limited to only a review of the lower courts record and decision. Parties are not allowed to enter new information into the proceedings and can only utilize original information from the first proceeding. Issues which were not raised by the original trial are not able to be addressed during the appeals process and the appellate court will review the lower courts application of certain laws in accordance to facts that were presented at the trial.

When someone is engaged in a civil appeal no matter what the issue may be about, it is a good idea to retain a top notch attorney for legal counsel and representation. Fact finding by the judge or jury at the original trial are not able to be reversed by an appellate court. The appellate court may only render a new decision if there were serious errors which prevented a person from having a fair trial or if there was not enough evidence entered to support the court’s decision.

If the trial judge used the laws properly and the decision was supported by substantial evidence, the higher court is not allowed to overturn the decision. It does not matter whether or not the person had proper counsel in the first trial, when filing a civil appeals it is not a time to engage an unskilled attorney for the job.

When facing a civil appeal, people need to realize it is a much more influential and heavier responsibility on an attorney. When seeking a new decision or a reversal of a previous judgment, the person needs to have fair and just representation and it is up to the individual to find a good lawyer to take the case. Never let a civil appeals be intimidating, by having a highly skilled legal representative on your side you can go into court with confidence and rest assured you will be taken care of in the best way possible. Don’t wait till the last minute to contact an attorney, do it now and take the future into your hands.

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