Plymouth law gives individuals the chance to come to trial a second time after a conviction. However, the appellate process is different from a trial court, and thus requires a different set of skills. If you are considering an appeal from a trial court decision, it may be best to consult a knowledgeable Plymouth appeals lawyer.
A dedicated appeals attorney understands the process of presenting an appeal and can consult on a case to help you determine the best course of action. Do not hesitate to reach out to learn more about having an appeals attorney guide you through the appeals process and ensure all rules are followed while protecting your rights.
Appellate RulesSpecific legal requirements must be met before an appeal is granted. Generally, an appellate court only hears cases if there is a question of law or a mistake made by the lower level court. Appeals are commonly granted in Plymouth for reasons such as an incorrect standard of law or a court not following proper procedures. The court may not hear a case just because a party is unhappy with the lower court’s verdict.
Courts typically do not allow new evidence to be admitted during appeals. However, they may allow evidence that could not have been heard during the initial trial due to extraordinary circumstances. Consequently, individuals may wish to go through previous court documents with a meticulous Plymouth appeals attorney. Allowing for a second look may shed light on how laws were applied and determine whether submitting new evidence is a viable option.
Filing Appeals in PlymouthThere is usually a length of time following a trial decision when a party, referred to as the appellant, may ask for an appeal. Since appellants bring forth legal action, they hold the burden of proof during an appeal trial, even if they had previously been the defense. They generally are limited to evidence submitted to the lower level court to demonstrate their claim.
To seek an appeal, the appellant or their appeals attorney will submit a statement, called a brief, explaining the error found in a previous court’s decision. The other party is eligible to respond to an appellant’s brief before a hearing.
If the appeal is granted, both parties and their legal representatives will appear before a judge. Unlike many trial cases, there is no jury in an appeal. The appeals attorney will generally provide oral arguments based on the issues outlined in any submitted briefs. The judge will then determine whether to overturn a lower court’s decision. For more information about filing an appeal, reach out to an accomplished lawyer.
Hire a Plymouth Appeals AttorneyAnyone who has received an unfavorable trial court decision and is considering an appeal may wish to speak with an attorney. A legal professional may be able to explain the appellate process and help you move forward with your claim. In this situation, it is best not to delay, as there may be a short window to request.
It is vital to consult with an experienced Plymouth appeals lawyer before going through appellate court. Many appeal cases hinge on conducting legal research and understanding the extensive history of law application. If you are considering an appeal, contact an attorney for a free consultation. A lawyer can review your case and provide insight into any potential appeals.