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Many people assume that when they appeal that they will be able to retry their case, compel additional discovery and provide additional evidence in their appeal. This is not the purpose of an appeal court.
An appeal is a request for a higher court to review a lower court’s decision. An appeals attorney handles cases on appeal when a party loses or is unhappy with some part of the decision made by the lower court. The appeals court reviews the record made in the trial court. Nothing new can be added to the record; and this is not the time to add new facts or evidence.
The appeal is not a trial and looks nothing like what you see on in a movie. The appeal is much less exciting, and is typically handled by a lawyer who is experienced and skilled at research and writing. An appeals lawyer presents the facts and law to the appeals court in a legal brief that looks like a book. The appeals court decides whether to affirm or to reverse the trial court’s decision based upon the written briefs.
Questions covered in this segment include:
Can I file a new lawsuit while my case is on appeal? (relates to rules about res judicata)
– My servicer is demanding I remove the Lis Pendens while my case is on appeal, should I?
– What can I expect from an appeal of my lawsuit?
– Is it possible to appeal an unfavorable ruling to a higher appellate court–such as my state’s supreme court, or the US Supreme Court?–and how would that work?
Filed under: foreclosure |