Appeals Lawyer Sacramento, CA
Appeals Lawyer Sacramento, CA
When you need an appeals lawyer Sacramento, CA trusts, look no further than Kassouni Law for legal guidance and help.
If you are thinking about filing an appeal, you might have a number of different questions about the process. Even some of the most experienced law firms are unfamiliar with the appellate process – especially if they have never handled an appeals case. The following are some common questions about appealing cases in California. If you have any further questions, you can consult an appeals lawyer in Sacramento, California by contacting Kassouni Law.
Can Any Party Involved in the Case File an Appeal?
Yes, in general, either party can challenge an order or court ruling. The person who has chosen to file the appeal will be known as the appellant or petitioner. The other party is known as the appellee or respondent.
What Cases Can Be Appealed?
As an appeals lawyer in Sacramento, California might explain to you, in most cases, any appealable ruling can be appealed. So, for example, this might include pre-trial rulings, post-judgment motions, orders, rulings, and final judgments. However, some appeals are discretionary, meaning the court has the right to decide whether it wants to review the case. This is especially true for cases that go before the United States Supreme Court. In addition, appeals must be filed timely to be considered. You may consider consulting an appeals lawyer to advise you of the deadlines for filing your appeal.
How Can An Appeal Be Filed?
In order to file an appeal, you will need to file a Notice of Appeal with the court. Once this is done, a petition with the Appellate Court must be filed. All related court records will need to be obtained as well. A Sacramento, CA appeals lawyer from Kassouni Law can help you with this process.
How Long Do You Have to File an Appeal?
In general, you will have just 60 days to file an appeal. This begins from the date of the final judgment, order, ruling, or disposition of a motion. However, cases differ, to get sound legal advice, speak with an appeals lawyer to advise you of the exact deadlines as it pertains to your unique case. It is very important that you do not delay in filing an appeal. If you miss the deadline, you may lose your right for your case to be heard by the Appellate Court.
Does the Court Need to Accept All Cases?
Some cases automatically have the right to be appealed regardless of the circumstances. Other cases are discretionary. Sometimes the strength of your petition, or reason for an appeal, will determine whether or not your appeal will proceed through court. This means you should be selective in choosing an appeals lawyer in Sacramento, CA.
What is an Appellate Brief?
A brief is the primary document that a judge will use to make a decision on your case. Included in the brief is an explanation to the court about your case, the errors of law you believe happened in your case, and what you would like the Appellate Court to do. As a lawyer might tell you, the decision of the court might be solely based upon the brief. This means that an oral argument is not always allowed. Because of this, it is recommended that you retain an experienced appeals lawyer Sacramento, CA residents know and trust. Consider calling Kassouni Law.
Why Hiring an Appeals Lawyer May Be Right For you
Typically when a person loses at trial, they may think their case is over. But you might consider an appeal. When it comes to filing an appeal, you want to make sure you have a lawyer who understands appellate law and what it will take to posture your case for a successful appeal. You may have already been working with a trial lawyer and are unsure of whether you want to work with the same attorney or hire an appeals lawyer specifically for this situation. There are a few good reasons why you may want to hire an appeals lawyer when you want to appeal your case.
- Another lawyer brings in a new perspective. Having a fresh lawyer on your case can provide new perspective. This does not necessarily mean that your trial lawyer did not see something or that they left something out. However, it is possible that new eyes will provide a different. Tunnel vision also happens to lawyers and clients and when you bring someone in who has not been completely focused on this case for many months, they may see something that was there all along.
- They will be arguing your case against a different audience. When you work with a trial lawyer, you will be working with someone who will be making your case against a jury. However, an appeals lawyer makes their case against a group of appellate judges, a completely different audience. During this case, they will be arguing about whether the law was applied appropriately during the first rounds of trial. This can make or break your appeals case. The arguments that your appeals attorney presents will be entirely different than the ones that your trial attorney presented.
- They will be knowledgeable about this specific area of law. When it comes to different areas of law, you want to hire an attorney who specializes in the area you need them in. Similar to family law or personal injury law, when you want to make an appeal you will want to work with an appeals lawyer. Your lawyer will likely have knowledge regarding the appeals process and who the appellate judges are who will listen to your case.
Want to speak with a member of our team? Call a Sacramento, California appeals lawyer from Kassouni Law now.