When a civil court action ends in an unfavorable result, you might seek relief from that result when errors by the trial court affected the outcome of the case or deprived you of a fair trial by filing an appeal of the trial court’s ruling or judgment. Experienced appellate advocacy can give you the best chance of obtaining a successful result in an appeal. Turn to the dedicated attorneys at Stanfield Bechtel Law for seasoned legal guidance and advocacy. Contact our firm in Middletown, CT, today for an initial case review to discuss the possibility of filing an appeal to challenge a trial outcome.
Understanding Civil Appeals
Following a civil lawsuit, one or both parties can file an appeal to challenge the judgment or various adverse decisions made by the trial court. An appeal does not allow a party to retry their case in the appellate court. Instead, an appeal requires the party to demonstrate that the trial court made legal errors or that procedural or constitutional violations affected the trial’s outcome or deprived the appealing party of a fair hearing. Common grounds for a civil appeal include:
- Erroneous evidentiary rulings, such as exclusions of evidence or expert testimony
- Discovery rulings resulting from legal errors or abuses of discretion by the trial court
- Erroneous rulings on pre-trial motions, such as summary judgment motions
- Procedural or substantive due process violations
Parties aggrieved by the judgment or the trial court’s rulings may appeal as of right to the Connecticut Appellate Court for a lawsuit in the state court system or the U.S. Court of Appeals for the Second Circuit for a lawsuit in federal court. Should the appellate court affirm the trial court’s judgment, a party may petition the Connecticut Supreme Court or the U.S. Supreme Court for permission to pursue a further appeal.
A civil appeal will result in one of several outcomes. An appellate court may affirm the judgment or the trial court’s ruling, leaving that judgment or ruling in place (although the appellate court may modify the legal reasons justifying the ruling). Alternatively, an appellate court may reverse or vacate the trial court’s decision and remand the case with instructions to the trial court. When the appellate court reverses or vacates the outcome in the trial court, it may overturn a judgment or reverse the trial court’s ruling on a specific issue or motion. The court may order the trial court to hold a new trial or to grant a party’s dispositive motion.
What to Expect in the Appellate Process
The appellate process begins when a party files a notice of appeal with the court and serves a copy of the notice on the opposing party in the case. The opposing party may file a cross-notice if they have issues they wish to raise in the appeal. The notice of appeal should briefly describe the issues the appealing party wants the appellate court to consider.
After filing a notice of appeal, an appealing party must assemble the trial court record, which should include the docket and transcripts of the trial or relevant pre-trial hearings. The trial court record allows the appellate court to understand what occurred during the trial court proceedings.
The parties must submit written briefs arguing for or against the trial court’s decision(s) on appeal. An appellate brief must identify the trial court’s error(s) in the record and cite legal precedent to argue why the trial court’s decision constituted a legal error.
In many cases, the appellate court will schedule oral arguments for the parties or their counsel to advocate their respective position and answer questions from the appellate panel. After written briefs and oral arguments, the appellate court will consider the parties’ contentions and issue an opinion deciding the appeal. The appellate process can take several months from the notice of appeal to oral argument, and then several more months for the appellate court to issue its opinion after written briefs or oral argument.
Why Appellate Advocacy Requires a Different Legal Skillset
Appellate advocates require a different set of legal skills than trial advocates. An appeal focuses on legal analysis and persuasively arguing for a preferred interpretation of the law rather than crafting a compelling theory of the case based on the facts. Appellate attorneys need extensive experience in researching legal precedent and understanding courts’ reasoning in prior cases. Furthermore, appellate lawyers require familiarity with appellate rules and procedures, which differ significantly from the rules of civil procedure that apply during civil trials.
How Our Firm Approaches Appellate Advocacy
At Stanfield Bechtel Law, our appellate advocates approach cases by carefully reviewing trial records to identify viable issues for an appeal. We collaborate with trial attorneys to gain an in-depth understanding of the circumstances that led to an erroneous and unfavorable ruling. Our attorneys undertake extensive legal research to find a precedent that supports legal arguments for your position in an appeal. We work tirelessly to develop compelling written briefs and oral arguments to present to the appellate court. Our experienced litigators know what it takes to present a persuasive case during oral arguments.
When to Contact an Appellate Attorney
You should contact an attorney experienced with appellate advocacy as soon as possible after an unfavorable trial verdict and judgment. You have a limited time to notify the court of your intent to file – under Connecticut’s Rules of Appellate Procedure, you must file a notice of appeal within 20 days of the trial court’s judgment or decision. An appellate attorney can review the trial court record to determine whether your case involves legal questions warranting appellate review.
You may also need to contact an appellate attorney when the opposing party in your case appeals a judgment or trial court ruling that you wish to defend. An appellate lawyer can help you preserve a favorable decision or judgment.
Contact Our Firm Today for Assistance
When the trial court committed errors in your civil lawsuit, you may have the option to seek relief from an adverse judgment through an appeal. Hiring an experienced appellate litigator can give you the best chance of success in a civil appeal. Contact Stanfield Bechtel Law today for an initial consultation with an appellate attorney to discuss your case and learn about your options for filing an appeal.