The Civil Appeals Process
Sometimes, cases end with one party feeling that the verdict is not fair. In such instances, the law has given room for the distraught party to seek another opinion from a higher court. This is the civil appeals process. In this case, the job of the court of appeal is to review the ruling made in the lower court and determine if the judge made any legal errors. The aim is either to uphold the ruling made by the judge or refute it. The brief presented in the court of appeal is usually heard by a three-judge bench without a jury.
How do you file an appeal?
Once you decide to take your case to a civil court of appeal, there are a few things you will have to do.
Get A Lawyer.
Even if you were representing yourself in the trial court, you will need legal aid in this higher court. This is because the proceedings are slightly more complex than those at the lower courts. You can find affordable lawyers to represent and guide you in the different areas of law.
Find the Right Court.
Different appellate courts have right over specific trial courts in a specified district. It is important to ensure that you file your appeal in a court that has jurisdiction on your matter. This can easily be found on the website on the court systems site.
Familiarize Yourself with The Rules.
While appearing and during your trial, you will be expected to be conversant with the rules of the appellate court. Get a copy of the civil procedures rules online and study the regulations.
Draft and Present a Notice of Appeal.
This document serves as a notice to the court and the other party that you intend to appeal the case. It need not go into the reasons or the appeal. In most cases, the notice is a form that can be given to you by the court clerk. Once you file it, present it to the appellate court. This can be done online or in person depending on the court.
Ask for The Trial Transcript.
This is a document where the court reporter writes in verbatim what is said during the trial. You will need one for yourself and another copy sent to the court of appeal.
Write the Brief.
The brief is supposed to detail the legal errors you feel were made by the trial judge. However, you should not introduce new facts or evidence that was not presented in the trial court.
At the Lawyer Referral Service of Central Texas, we can help you hire a civil appeal Austin attorney. Our legal referral service can help you find a Texas lawyer to guide you through the seemingly tedious appeal process. We have dedicated staff who will listen to your concern and advice you on how to find a Texas attorney. Contact us today to check if there are available attorneys on this or other issues.