The facts of your case remain the same when you file a federal appeal of a trial verdict, but everything else changes. Legal procedure is completely different at the appellate level, particularly in federal court.
Federal appeals frequently hinge on complicated legal questions that may involve the Federal Rules of Evidence, intricate areas of administrative or criminal law, or even fundamental questions of constitutional law.
If you plan to file an appeal in federal court, you may need to work with a Shelby County federal appeals lawyer who understands how to comply with appellate rules. A seasoned attorney knows how to write a persuasive appellate brief that fully conveys your legal grounds for overturning the lower court’s opinion, and how to create the best strategy to manage your case at the appellate level.
Federal Appeal Is Not the Same as a RetrialOne common misunderstanding in Shelby County involves the concept of what happens when a case is appealed. The judges in appellate cases do not listen to evidence about what happened as the judges in trials do, and there are no witnesses presenting different sides of the story. Instead, the findings of fact as determined at the original trial will be taken for granted.
In a federal appeal, one party from the original trial raises arguments disputing the finding of the court based on legal arguments rather than factual ones. In other words, the party who did not prevail at the district court level argues not that the court or jury came to the wrong conclusion about the facts, but that the lower court interpreted the law incorrectly.
Most of the legal proceedings in an appeal occur entirely on paper. Lawyers representing each party will submit written arguments and refute each other’s arguments primarily in writing. In many instances, oral presentations in appellate court are not occasions where an attorney persuasively argues a position. Rather, they occur when a judge asks the attorney to clarify an issue which was unclear in the legal brief or about which the judge wants to gain a fuller understanding.
Time Is Important When Filing a Notice of AppealPreparing an appeal requires a great deal of time and effort, and courts usually do not handle appeals until some time after the original trial. However, if a party from a trial intends to file an appeal, it is important to give both the district court and the appellate court notice as soon as possible.
Most federal courts require parties to give notice within 10 days of the trial court’s verdict. Notice is provided by filing a Notice of Appeal.
Unlike the appeal brief and other documents that form the basis of the appeal itself, the Notice of Appeal is a short, simple document. It is a good idea to have this document prepared and filed by a federal appeals lawyer in Shelby County. This could give the defendant the best possible opportunity for expungement.
How a Shelby County Federal Appeals Attorney Can HelpA trial and an appellate argument both take place in a courtroom in the presence of judges, but they are very different proceedings. If you plan to file a federal appeal, you should also plan to consult with a knowledgeable Shelby County federal appeals lawyer as soon as possible.
An attorney who thoroughly understands the appellate process could not only craft effectively written briefs but could also look behind the legal arguments to see your needs and take the time to examine every word of the trial transcript to look for the best avenues of appeal.
You deserve to be treated fairly under the law. Call now to get professional legal assistance with your appeal of the decision in your case.