If you are unhappy with the outcome of a case or the attorney who is representing you in a case, you can file a notice of appeal at the circuit court. You will usually be able to file after the final judgment has been handed down. You will, however, need to adhere to some conditions. For instance, you must file the appeal within a certain period of time. If you file your appeals later than the appropriate time, they will be thrown out automatically because of lack of jurisdiction of the court. With the help of a good attorney, you can file your appeals Salem and have a greater chance of winning.
When you decide to file appeals, you should ensure the notice is filed by your existing attorney or another. Some attorneys are so reliable that they can file a notice within 24 hours of you approaching them. Any practicing lawyer can file an appeal but you will be in a better position if an attorney that practices in the appeals Salem court does it.
Like in any other court, the appeals court has rules that govern its operation. However, due to the nature of its cases, the means of procedure are more strictly enforced than in the other courts. Some of the rules even involve the size of text and color of paper that you must use when filing the notice. Any attorney who fails to comply with these seemingly trivial rules is putting your case at risk of failing. In some cases, the attorney representing you might be lacking the necessary expertise and experience to see this through. Most attorneys fail such cases because of negligence.
After filing the Notice of Appeal, you will be required to file another legal document through your attorney. This document is known as a brief whose layout and contents are subject to specific rules.
For instance, you will not be allowed to present new evidence and testimony that had been left out in the hearing. For that reason, your attorney will request for access to all your records and the case file to help him or her in the preparation of the appeals Salem.
When you want to lodge an appeal, you must be prepared to pay the fees to your attorney and the court. You will rely heavily on your attorney because appeals place emphasis on legal argument. This is in contrast to the focus on factual argument by the lower courts. Your attorney will also need to carry out extensive research to be able to draft a convincing brief. He or she will also prepare you for a long wait for the decision to be made. Some can take a year or longer.
Visit to When you need us law to get more in depth analysis of the process of appeal and find a great appeals attorney in Salem to help you lodge a successful appeal.
