Stages of a Legal Appeal
There are three stages to the appeal process. First, the attorney for the appellant must file a document called a notice of appeal in the trial court within 60 days of judgment, and then designate the record. The record consists of transcripts of court proceedings and the pertinent trial court documents.
More on the Stages of a Legal Appeal from the Los Angeles and Sacramento Appellate Attorneys at Kassouni Law…
Once the record is finalized, which usually takes three months or longer depending on the size of the record, the second stage begins: the court of appeal will notify counsel that the appellant’s opening [gs brief] is due. Again, with limited exception, no new arguments can be introduced that were not first raised in the trial court. The opening brief consists of the arguments and supporting evidence presented by the appellant. Once the appellant’s opening brief is filed, the respondent will file his or her brief within several months. The final brief is the appellant’s reply, which must be limited to rebutting the arguments raised by the respondent. This briefing process typically takes four to five months to complete.
Once the briefing is complete, the third stage of the appeal process commences: the court of appeal will notify counsel that it may request oral argument. Oral argument is not required, but is recommended in order to address questions and concerns the court of appeal may have regarding the issues. Oral argument is also a good barometer of how the court of appeal views the merits. Once oral argument is complete, the case is deemed submitted and the court of appeal issues its decision within 90 days.
Finally, if the desired appeal result is not obtained, your case can be further appealed to the California Supreme Court, or directly to the United States Supreme Court if your appeal was heard by the Federal Court of Appeals. However, review in the Supreme Court is discretionary. The Supreme Court is very selective of the types of cases it will accept for review. The best chance of review is to prevail upon the Supreme Court that the case presents issues of public importance, or there is a conflict in the law that must be resolved. Only a small percentage of cases are accepted by the Supreme Court, and an experienced appellate attorney will be able to advise whether or not your case raises significant public and legal issues..
In certain circumstances a petition for review to the California Supreme Court is required before a case can be petitioned to the United States Supreme Court. If your state case raises federal constitutional issues, review must first be sought and denied by the California Supreme Court before a Petition for [gs Writ of Certiorari] can be sought in the Unites States Supreme Court. This requirement is not necessary for appeals from Federal trial Court judgments.
At Kassouni Law we have a team of research attorneys with a thorough command of the law. Our Los Angeles and Sacramento appellate lawyers have extensive experience representing clients at all court levels, and also offer comprehensive trial court experience. If you or your business suffered an adverse trial court ruling, or received a favorable trial court ruling which you want to uphold on appeal, consider calling our Los Angeles and Sacramento appellate attorneys for a consultation. You can count on the California appeal lawyers at Kassouni Law to listen to your legal concerns, give an honest assessment of your case’s legal merits, and deliver unparalleled personalized legal representation. Initial evaluations can be provided for a flat fee.
Serving clients throughout the jurisdiction of California, the Federal Ninth Circuit Court of Appeals, and the United States Supreme Court:
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