The appeal process starts once an initial verdict has been reached in a Chicago courtroom that you and your attorney do not believe is justified. The appeals process is an official request to reexamine a judicial decision. An appeal is possible in many civil and criminal cases. Common reasons to file an appeal include:
- You don’t agree with the judge’s decision.
- There is evidence that wasn’t presented during the initial proceedings.
- There were errors in how the law was applied in the case.
- There were mishandled legal procedures during the initial proceedings.
- The facts were misrepresented in the original case.
An appeal traditionally starts with the original lower court where the case originated. All parties in a case are able to file an appeal if they disagree with the initial ruling of the court. The party that lost the claim is the appellant and the party opposing the appeal is the appellee.
Notice of Appeal
A Notice of Appeal must be filed with the correct court to continue with appeal proceedings. A Notice of Appeal states the intent to appeal and the reason for filing an appeal, which must be outlined in detail. An experienced Chicago attorney can help you fine tune your appeal and get the wording in order. There are also deadlines to contend with as well as jurisdiction issues that must be taken into consideration as the appeal process begins.
The Appellate Court
The Appellate Court examines the evidence your Chicago attorney presents as well as the evidence presented during the original trial to determine if all legal procedures were followed. The court will examine all court proceedings to determine if there were issues that influenced the outcome of the initial court proceedings. After examining all relevant information, the Appellate Court can make one of the following decisions:
- Affirm the judgement of the original court and let it stand.
- Modify the court’s original decision.
- Reversal of the court’s original decision.
- Send the case back to the original lower court for additional review.
- Send the case back to the original court to allow them to correct oversights.
Trial De Novo
The Appellate Court may decide that it is in the best interests of the parties involved in the case to review and even rehear the entire case. If this occurs, you will need an experienced Chicago lawyer to guide you through the process. The Appellate Court may decide to allow informal proceeding where the case may be dismissed. The court may determine that the original ruling was unconstitutional or may rehear the entire case and issue a new verdict. The final decision of the Appellate Court is presented in a formal notice to the trial court.
The appeal process can be complex and involves several specific requirements and procedures that must be followed. A Chicago attorney experienced with filing appeals can guide you through the process and explain what all is involved. An attorney experienced with appeals can also review your grounds for appeal and determine your odds of a successful appeal.