A legal dispute typically ends when the trial court reaches a verdict, but this may not always be the case. It is sometimes possible to appeal a court’s decision to a higher court, known as an appeals court. Michigan has four courts which hear appellate cases: Troy, Lansing, Grand Rapid, and Detroit.
If you received an unfavorable verdict from a trial court and believe the court made that decision in error, it may be possible to bring your case before an appeals court. Alternatively, if an opposing party from a previous court case has appealed their decision, you will need to answer in the appeals court.
In either instance, it may be crucial to have an Oakland County appeals lawyer to represent you. A skilled attorney could help you build your case with new evidence, strengthen your previous defense, and help you reach a favorable outcome.
Which Court Decisions can Be Appealed?Generally, almost any court decision can be appealed. Cases being appealed in lower courts might involve an unfavorable verdict of guilty in a criminal case and a breakdown of contract negotiation between two businesses or a property dispute between two neighbors. Whatever the matter is, sometimes the court makes mistakes. If an appeals court believes there may have been a procedural error or an error in applying the law, they will hear an appeal.
Demonstrating to an appeals court that an error was made by a lower court requires clear and convincing evidence. Most petitions to appeal a case do not make it very far in the appeals process. It takes knowledge of the appeals process to get a case in front of the court, and an Oakland County appeals lawyer has the knowledge to do so.
Trial Court vs Appeals CourtWhile it can be helpful to be charismatic and performative in a trial court, this approach may prove ineffective in the appeals process. Appeals court judges will not accept a case unless a mistake was made by a lower court in adjudicating a case. To do this, an appeals court lawyer must use their keen eye for procedural detail and be able to parse out how laws are improperly interpreted or applied.
Furthermore, if faced with defending an appeal, an Oakland County appeals lawyer could argue on procedural grounds that the court should not even hear the appeal, rather than re-litigate the case on its merits. Such a line of argument, if successful, could save an individual a great deal of time and money in the long term.
Talk to an Oakland County Appeals Attorney TodayThe deadline to file an appeal after a lower court decision is made is usually 21 days. Since this is only a small window of time to prepare the necessary paperwork and preliminary arguments, individuals in an appeals case should seek the counsel of an Oakland County appeals court lawyer as soon as possible.
An appeals court attorney could petition to extend a deadline, but it is important that this is done as early as possible, typically within the original 21-day period. After this time, it may not be possible to appeal a decision.
If you are appealing a court ruling, or have been summoned to appear in appeals court, do not wait to speak with an Oakland County appeals lawyer. Call today to discuss your case and options for resolving your dispute.