Experienced Appellate Lawyers In Morristown And Hasbrouck Heights
Appeals serve as a vital part of the justice system, allowing individuals to challenge decisions made in their trial.
If you believe there were errors in your case, an appeal might be the right step for you. Scirocco Law, P.C., is here to guide you through this complex process. Our appellate lawyers in New Jersey can help identify grounds for appeal, ensure you follow proper procedures and advocate on your behalf.
The Appeals Process
Appealing a court decision is a way to ask a higher court to review your case. Let us take a closer look at this legal process:
- Submitting the notice of appeal: First, you must file a notice of appeal. This tells the court you want them to look at your case again. It is important to do this as soon as possible, as there are strict deadlines.
- Preparing relevant documents: Next, you need to gather all the documents and transcripts from your trial. The appeals court will rely on these records to understand what happened in your case. You might also need to submit a document or a brief explaining why you believe the trial court made a mistake.
- Waiting for the court decision: Finally, the appeals court will make a decision. They can uphold the original decision, reverse it or send it back to the trial court for further action.
Appeals can be crucial for correcting mistakes that may have occurred during your trial. This process helps ensure that any mistakes do not lead to unjust outcomes.
Frequently Asked Questions About Appellate Law
Many people are unfamiliar with how appeals work. Here are the answers to some common questions:
What does a New Jersey appellate lawyer do?
An appellate lawyer challenges (or defends) the legal correctness of decisions made by trial courts. They do not retry cases. Instead, they review the trial record, looking for legal errors that may have affected the outcome of a case, such as misapplied laws, improper jury instructions, incorrect evidentiary rulings and constitutional issues.
Ultimately, an appellate attorney may file a notice of appeal on behalf of their client, prepare legal briefs, and present both written and oral arguments to make a case for overturning, modifying or upholding the trial court’s decision.
What grounds are necessary when filing a New Jersey appeal?
Common grounds for an appeal include:
- Clear legal errors by the trial court
- Misconduct by jury members, the judge or other attorneys
- Misinterpretation or misapplication of the law by the court
- Insufficient evidence to support the trial court’s initial verdict
- Improper procedures, such as the exclusion or admission of evidence
- Ineffective legal counsel
It is important to understand that an appeal is not a new trial, and cannot be pursued simply because one party is unhappy with the outcome of a case.
How long do you have to file an appeal under New Jersey law?
Generally, you have 45 days to file an appeal after the trial court’s final decision is made to file an appeal. In some municipal court cases, you only have 20 days. Failure to file a timely appeal may mean losing the right to make an appeal at all.
Early consultation with an appellate attorney is the best way to preserve your rights to an appeal and make sure that your interests are protected. In some cases, appellate attorneys work with trial lawyers from the start of a case to better identify potential appellate issues and preserve opportunities for a future appeal.
How Our Appellate Law Attorneys Can Help
Appellate practice is a complex, but often necessary, element of any litigation strategy. Whether you are an individual or a business, the attorneys at Scirocco Law, P.C., are prepared to guide you through the substance and procedure of New Jersey appellate Practice, ensuring that you are well represented at the briefing and oral argument stages. Our attorneys possess a unique blend of trial and appellate experience, giving us an edge over our competition. The lawyers at Scirocco Law, P.C., have been responsible for several landmark appellate rulings in New Jersey rendered over the last decade. These include:
- Pareja v. Princeton Int’l Props., 246 N.J. 546 (2021)
- Estate of Narleski v. Gomes, 244 N.J. 199 (2020)
- Cowher v. Carson & Roberts, 425 N.J. Super. 285 (App. Div. 2012)
Contact Us For The Support You Need To Pursue Your Appeal
Our attorneys appear regularly before New Jersey’s appellate courts, including the Supreme Court of New Jersey. We are also admitted to practice before the U.S. Court of Appeals for the 3rd Circuit. Call Scirocco Law, P.C., at 973-968-6321 today to arrange a consultation with our experienced appellate law attorneys. We will help you explore your options when considering whether to appeal. You can also reach out to us online.