Let’s chat appeals.
Whether you are appealing a trial decision or a motion order, an appeal is a complex process that requires a special degree of attention. Appeals have their own unique rules and strict timelines. Not every lawyer enjoys appeals, and luckily for you, our team is infatuated with appellate work. So, why do we like working on appeals?
First and foremost, appeal work is the high stakes, and we love the rewards that come with it. Furthermore, appeal work is generally much quicker than trial advocacy and is typically heard and decided in less than a year after the appeal is commenced. Finally, appeal work requires detail-oriented, persuasive and creative legal arguments. For us, appeals move the law forward and we love it.
So, what can you expect when you work with us on an appeal?
Naturally, things will change case by case and depending on the complexity of the matter in front of us your specific process may differ.
The Court reviews written arguments by both sides and then hears oral arguments from counsel.
Now, not every case has an automatic right of appeal. It depends on the case. On the civil side, you generally have the right to appeal a final order. In some instances you may need to seek leave to appeal.
Leave in this case means a case that has been allowed to move forward by a single judge or a panel of three judges. Essentially, in appeals requiring leave, you need permission from the Court before you can file an appeal.
Finally, in terms of timing, it is important to remember that there a strict timelines when commencing or responding to an appeal. The deadline depends on the type of decision or order at issue. Thus, it is best to talk to a lawyer about your case and the possible options that you may have.
If you are looking for assistance on an appeal, or have questions about the process, please do not hesitate to contact us. We can provide representation or review the decision and provide an opinion on the prospect of success for appeal. We love working with new clients and would be glad to discuss your case. However, litigants need to act fast, as the time limits approach quickly.
All content on this website and within the article is intended for general information only and should not be construed as professional (legal, tax, financial, or otherwise) advice.