Appeal – Defined. You hear all the time that a judge’s ruling is final. While this is true, you may have the ability to challenge that decision – especially if it didn’t go in your favor – and possibly have it overturned. This is called an appeal.
An appeal is a formal process that allows a party to request that the case be reviewed to see if there is a legal reason to change the previous ruling. Not every appeal is granted, and not everyone wins their appeal. But it is a very important element that ensures accuracy and justice throughout the legal system.
There are a variety of reasons (grounds) why someone may choose to appeal a court’s decision, including:
- Legal errors that affected the outcome (for example improperly admitted evidence)
- Clarifying and interpreting the law
- Juror misconduct (in cases of jury trial)
Appeals are heard in family law cases. To start the appeals process, you must first file a Notice of Appeal with the court that made the final ruling (judgment). The appellate court can decide to reverse the previous ruling in whole or in part or uphold it without change.
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Even if you think you have acceptable grounds for an appeal, certain circumstances may prevent a court from granting it.
It is always a good idea to talk to a lawyer about your situation. Give our knowledgeable staff here at Nelson Law Group, PC a call if you have any further questions regarding this issue.
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