Appeal
For many people, the verdict or dismissal of their case signals the end. However, an appeal may be possible to reverse or alter this decision.
If you are considering taking your case to court, you should understand appeals and their potential implications.
Read on to learn more about appeals and how they can impact your case.
What Is an Appeal?
An appeal is a request for a higher court to review a lower court’s decision and overturn or modify it.
Appeals can apply to various types of cases, including criminal, civil, and family.
Each jurisdiction has its own rules for how to effectuate an appeal.
Legal Grounds for Appeal
An appeal is not a new trial. Someone cannot ask to appeal their case simply because they didn’t like the decision. Instead, there must be some legal grounds for the appeal.
These legal grounds generally fall into the following categories in Colorado:
- Legal errors: Legal errors occur when the trial court misapplies or interprets the law, such as giving incorrect jury instructions, including or excluding evidence, or misinterpreting legal standards.
- Procedural errors: Procedural errors involve mistakes in how the trial was conducted, such as juror misconduct.
- Insufficient evidence: Insufficient evidence is a ground for appeal when the verdict is not supported by sufficient evidence. To win an appeal on this ground, the person making the appeal (the appellant) must demonstrate that no reasonable jury could have reached the same verdict based on the available evidence.
- Abuse of discretion: Abuse of discretion occurs when the trial judge makes an arbitrary or unreasonable decision.
In civil cases, either party can appeal the decision.
What Is Different in an Appeal Than a Trial?
In trials, lawyers present evidence, examine their own witnesses, and cross-examine the other party’s witnesses. They make certain objections, which the judge sustains or overrules. Sometimes, the judge’s decision to sustain or overrule an objection at trial can serve as the basis for an appeal if it had a material effect on the case’s outcome.
Appeals are based on mistakes that happened during or before the trial. No new evidence is presented. Appellate courts do not hear testimony from witnesses. Most appeals are based on the written briefs the parties submitted to the court. Sometimes, the court asks for oral arguments to gain a better understanding of these written materials. If there is an oral argument, each side has a limited amount of time to argue its position.
Possible Outcomes of an Appeal
Various outcomes can occur after an appeal, including:
- Affirm: The appellate court can affirm, which means the original verdict or decision still stands. The losing party may decide to appeal their court to the next highest court, which is the Colorado Supreme Court here.
- Dismissal: The appellate court could dismiss the appeal due to a lack of jurisdiction or procedural errors.
- Reversal: If the appellate court reverses the decision, the outcome is the opposite of what happened in the trial court on the verdict or legal issue.
- Remand: If the appellate court reverses a decision, it may remand the case back to the lower court to reconsider how the decision impacts the verdict or decision.
- New trial: A new trial may be ordered. The case goes back to square one.
Because various outcomes can apply, it’s important to work with a personal injury lawyer who can advise you whether you should accept a settlement or proceed to a trial before you ever get to the point of an appeal.
The Appellate Process in Colorado
The steps involved in appealing a civil case in Colorado generally include the following:
- Provide notice: The appellant must notify the Court of Appeals that they are appealing the decision and who is involved. The appellant must file this notice in the Court of Appeals and with the district court within 49 days of the final order or the order denying a timely filed motion for post-trial relief or a petition for magistrate review.
- Designate the record: The appellant must inform the district court which documents, exhibits, and transcripts they want to certify to the Court of Appeals. The district court sends the appeal to the Court of Appeals within 13 weeks of receiving the notice, as long as all the necessary costs have been paid.
- File opening brief: The appellant files an opening brief within six weeks of the designation of record.
- Prepare answer brief: The appellee files an answer brief within five weeks of receiving the opening brief.
- Prepare reply brief: The appellant files a reply brief within three weeks of receiving the answer brief.
- Conduct oral arguments: If oral arguments are granted, the Court of Appeals hears the arguments, asks questions, and asks the appellee for their response.
- Judgment issued: When no oral arguments are ordered, a three-judge panel issues a decision within three to four months after the final brief is filed.
An appellate lawyer can help you throughout the appeal process.
Should I Appeal My Case?
Whether or not you want to appeal your case will depend on the specific circumstances surrounding your case, whether you have valid grounds for appeal, and the likelihood of you succeeding in the appeal. Appeals can add more time to your case, and there are no guarantees you will win.
Contact Our Denver Personal Injury Attorneys for a Free Consultation
If you believe a mistake during your trial may have affected the outcome, don’t wait—reach out to a skilled Denver personal injury lawyer at Zaner Law Personal Injury Lawyers today. We’re here to review your case and help you explore your legal options. Contact us online or call (720) 613-9706 today for a free consultation.
