How Appeals Work
An Appeal Is Not Just A Second Bite At The Apple
When you are unsatisfied with a judge’s decision in your divorce case or another family law case, you may start to consider your options for appealing the case. However, it is important to understand that pursuing an appeal does not just mean you have a chance to present the case a second time before a different court. Rather, you must convince three appellate court judges that the trial court made a mistake when hearing your case — whether that mistake involves evidence that was allowed or deemed inadmissible at trial, or it involves a mistake in how the law was interpreted.
Chula Vista Appellate Attorney With Over Two Decades Of Experience
I am Chula Vista appeals lawyer Victor Mordey and I have the experience and knowledge necessary to represent your interests in a California family court appeal. Call 619-409-7900 for a free consultation.
You Can’t Win Unless Your Lawyer Knows The Rules of The Game
Appellate courts follow specific rules and procedures that are unique from those followed in trial courts. When you are considering filing a family law appeal, it is important to hire an attorney who knows the appellate court game.
Did the trial court make a poor ruling? Unfortunately, when a case is brought before appellate courts, the issue is not whether the judge made a good or bad ruling. In fact, appellate courts frequently affirm poor rulings and reverse good rulings. Instead, appellate courts must decide whether the trial court made any mistakes or misinterpreted the law. And, unfortunately, proving that the trial court made a mistake is extremely difficult because appellate courts are required to assume that the trial court made no mistakes.
As an experienced Chula Vista appellate lawyer, I know the specific rules and procedures required in pursuing a successful family court appeal. I have thorough understanding of the appellate court standards of review and what is necessary to prepare a case taking into consideration such standards. I recognize the importance of preparation and filing deadlines, and I work diligently to ensure all filing requirements are adhered to.
Understanding The Family Court Appeals Process
When an oral order is given by a judge, it must be formally entered into the system before it is considered a final order. It is important to recognize that your notice of appeal cannot be filed until the actual trial court order is entered. Then, after preparing and filing your appeal, it is important to determine which trial court records are relevant for the appellate court to consider (as not all documents are accessible by appellate courts). The court will set a strict schedule for submitting briefs and once all briefs are submitted or deadlines have lapsed, the appellate judges will review the necessary materials and render a decision. It could take nine to 12 months for the appellate court to render a decision. However, this time may be shortened when a writ is submitted for review.
Given the complexity of the appeals process and the stakes involved in your divorce, custody or property division case, make sure your divorce lawyer knows the rules of the appellate court game.
Contact My Chula Vista Office
Call lawyer Victor Mordey at 619-409-7900. Messages left after business hours will be promptly returned. Contact us to schedule your appointment. I speak, read, and write Spanish fluently for the benefit of my Spanish-speaking clients.
I offer cost-effective representation including payment plans and low retainers. Credit cards accepted.
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