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Expert Federal Appeals Lawyer Explains the Process
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Expert Federal Appeals Lawyer Explains the Process
So you lost your federal case and want to appeal? Don’t worry, the appeals process seems complicated but it’s doable if you have the right lawyer on your side. I’m an expert federal appeals attorney whose handled hundreds of appeals over my 30 year career. Let me break down how the process works and what you need to know.
First Steps After Losing Your Federal Case
The first thing you should do after an unfavorable federal court ruling is NOT panic! Just breath. There are specific deadlines for appeals you need to meet but we have some time. The first deadline is filing a notice of appeal within 30 days of the judgment order being entered on the case docket. This short statement puts the courts on notice you intend to appeal.
After that, we have 40 days to file the actual appeal brief making our legal arguments for why the lower court messed up. Don’t try pulling this 80-page monstrosity together yourself in that short timeframe – you need an experienced federal appeals lawyer like myself to handle it.
How Federal Appeals Courts Work
There are 13 federal Courts of Appeals across the U.S. hears appeals from the 94 federal District Courts. The one we’ll file with depends on which state your case originated from. For example, appeals from district courts in New York, Connecticut and Vermont go to the Second Circuit in NYC.
These courts don’t retry your entire case; they just review the record from below for any errors in how the judge applied the law. The appeals judges can uphold the original decision, overturn it completely, or sometimes order a new trial on specific issues. About 1 in 5 district court decisions get reversed fully or partially on appeal.
Strategizing Your Appeal
Crafting a winning appeal requires identifying the best legal arguments to make based on mistakes the lower court made. As an experienced federal appeals specialist, I know how to spot issues that could lead to reversal or remand and will leave no stone unturned finding them!
Some common appeal arguments I frequently raise include:
- Incorrect application of the law
- Abuse of judicial discretion
- Procedural errors
- Incorrect evidentiary rulings
- Insufficient reasoning in the court’s decision