Appellate Practice

Appellate Practice


Appeals are usually very different from proceedings before a trial court, an administrative agency, or a child support magistrate: 

  • You must make all your arguments in writing.
  • You cannot present witnesses.
  • You cannot present new evidence. 
  • You can make arguments only about issues that:
    • You raised in the trial court or agency proceedings and 
    • Were decided (ruled on) by the judge or other decision-maker. 
  • · You usually cannot make new arguments on appeal. 

Most appeals do not focus on whether the trial judge or decision-maker correctly determined the facts of the case.  Instead, most appeals focus on the legal issues and whether the judge or decision-maker correctly applied the law after deciding any factual disputes.  Extensive research is required to see whether the trial court made legal errors that the Court of Appeals or Supreme Court can correct.  

If you lose on appeal in a civil case, you may be ordered to pay the opposing party's costs and disbursements (such as brief printing and copying charges).  If the court finds that your appeal is frivolous, or was taken for improper purposes, such as harassment of another party, you could be ordered to pay double costs and/or attorney fees.  It is important to consider these potential costs when deciding whether or not to file an appeal.

Court staff must be neutral and cannot give you legal advice about your case. This means that they cannot help you fill out papers, discuss the merits of your case, or tell you if you will win or lose.  The information you get from this site or from your discussions with court staff cannot replace legal advice from an attorney.  

If you're considering meeting with an attorney, but you don't know if we can help, or if you can afford our high-quality personal service, call us now.  We would be happy to review your case and discuss your appeal with you.  Because each case is different, after reviewing your case we will tell you up front if we can take the case and what it will cost.  You then have the option of hiring us to deal with the case-at-hand.

We are straight forward and honest attorneys that want to help you. You will not be charged any fees until all potential fees have been completely and thoroughly explained to you.

Remember, your First Consultation is free, Contact Us Now! Law@AschemanSmith.com - 612-217-0077





1 comment (Add your own)

1. ghwjodmshxs wrote:
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Sat, August 27, 2011 @ 4:17 AM

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