After a court case has been dismissed, you might feel devastated and feel like your case is over. However, in many cases, a dismissal can be appealed in a higher court. An appeals court reviews anything that happened in the prior proceeding for errors of law. While you cannot appeal the case simply because you are unhappy with the result, you can appeal a case due to errors made by the court.
Winning an Appeal
Your civil litigation lawyer can submit a brief to the court. The defense lawyer may also submit a brief. Also, the court may allow either lawyer to make an oral argument. If the appeals court makes a decision that you feel was in error, you may be able to appeal that decision as well. However, your opportunities for appealing will be more limited.
The success of an appeal can be limited because there are no expert witnesses, a jury or additional evidence that is brought forth. The only evidence that is taken into consideration is the evidence that was presented during the original trial. There are several judges involved in an appeals court. With large courts, the case is usually heard by a panel of three judges. When a full court hears an appeal, which occurs in rare cases, this is referred to as "en banc."
The Appellate Brief
The appellate brief is the primary tool used by both parties. One side attempts to argue with the appellate brief that the ruling was correct and the other party argues that the ruling was incorrect. While the lawyers in both cases can make oral arguments, a large part of this stage consists of the judge asking questions.
While an appeal can give you an opportunity for a better ruling, it hinges on what occurred in the original trial. For this reason, it's important to hire a skilled civil litigation attorney. Even if you lose your case, you'll have a greater opportunity to appeal your case if your lawyer performed his or her job effectively. If any important evidence was not presented during the original trial, the lawyer will lose his or her opportunity afterward.
Appealing an Appeal
The decision in the appeals court can be appealed both at the state Supreme Court and the U.S. Supreme Court. These courts are allowed to decide which cases they will see and often only take cases where areas of the law have not been settled.
