Questions to Ask When Filing an Appeal in New Jersey

Filing an Appeal in New Jersey? Here Are Some Key Questions You Should Ask Your Lawyer

So you lost your case and now you’re thinking about filing an appeal in New Jersey? Don’t worry – you’re not alone. Lots of people end up appealing their cases for one reason or another. But before you go ahead, it’s important to understand what’s involved and ask your lawyer some key questions.

I know appeals can seem complicated and intimidating. But don’t let that stop you from exploring your options. I’ve put together this article to walk you through some of the basics and help you know what to ask when consulting with an appeals attorney.

What are the Deadlines for Filing My Appeal?

One of the first things to get clear on are the deadlines. In New Jersey, you typically have 45 days from the date of the judgment to file a notice of appeal in civil cases. For criminal cases, it’s 10 days in municipal court and 45 days in superior court.

But that’s just the initial notice. There are also deadlines for ordering transcripts, filing briefs, and so on. I’d ask your lawyer to layout the full timeline so you know what to expect. Getting the dates wrong can sabotage your appeal before it even starts.

What Are the Grounds for My Appeal?

To even have a shot at a successful appeal in NJ, you need legitimate grounds. There are several reasons an appeals court might overturn or modify a lower court’s judgment, such as:

• Errors in legal procedure
• Unfair prejudice or bias
• Improper admittance or exclusion of evidence
• Incorrect application of the law
• Verdict against the weight of evidence

When consulting with an appeals lawyer, discuss which of these grounds seem strongest in your case. Not every case can be appealed – there needs to be a compelling argument that a substantive mistake was made.

What Will the Appeals Process Look Like?

Knowing what to expect can help you prepare. In New Jersey, here are the basic steps:

1. Notice of appeal filed within the deadline
2. Transcripts and record from lower court requested
3. Written legal briefs submitted by both parties
4. Oral arguments heard before a panel of appeals judges
5. The judges confer privately and issue a written decision

The appeals court can uphold the original ruling, overturn it completely, or sometimes order a new trial. Be sure to ask your lawyer how long the process typically takes in your type of case. Appeals can drag on for months or even years in some instances.

What Are My Chances of Success?

While there are no guarantees, it’s reasonable to ask your lawyer for an honest assessment of your chances on appeal. Are the issues you’re raising on strong legal footing? Or is it a long shot?

Get some statistics on the success rate for appeals in your particular court. For example, in New Jersey in 2020, only about 1 in 5 civil appeals resulted in a complete reversal of the original decision. Knowing the odds can help set realistic expectations.

How Much Will My Appeal Cost?

Appeals don’t come cheap. There are a lot of upfront costs, like ordering transcripts, preparing briefs, and lawyers’ fees. The total costs can easily exceed $25,000 in some cases.

Ask your lawyer for an estimate of the total expenses so you can budget accordingly. Get clarity on what’s included in their retainer fee versus any extra costs. You may also ask if they offer payment plans or options like credit cards.

What Experience Does My Lawyer Have with Appeals?

Not all lawyers have extensive appeals experience. It’s a niche specialization. I’d ask how many appeals your attorney has handled, their success rate, and whether appeals are their primary focus.

You want someone very familiar with the appeals process, the judges, and the court procedures. An experienced appeals lawyer can increase your odds of getting a favorable outcome.

Will My Sentence or Penalties Be Delayed During the Appeal?

If you’ve been sentenced to jail time, fines, or other penalties, find out if the appeal postpones enforcement. In criminal cases, filing an appeal often stays the sentence so you remain free pending the outcome. But not always.

Ask your lawyer whether you’ll be granted a stay. If not, discuss options like posting bail or seeking a court order. You don’t want penalties enforced before your appeal is decided if you can avoid it.

What Are the Best and Worst Case Scenarios?

Finally, have your lawyer walk you through the range of possible outcomes if you pursue an appeal. What’s the best case? Worst case? Most likely result?

Knowing the scenarios can help you decide if an appeal is worthwhile. Even if you don’t get the ruling completely reversed, in some cases you might get a reduced sentence or lower damages. Ask how an appeals court decision could impact you.

Appealing a Case Takes Time and Money

Filing an appeal is not a step to take lightly. It involves significant time, effort, and legal expenses. But in the right circumstances, it can be worth it to potentially overturn an unfavorable judgment.

By asking these key questions upfront, you’ll have the information you need to make an informed choice about pursuing an appeal in your case. Every situation is different, so arm yourself with knowledge and seek experienced legal counsel.

I know dealing with the justice system can be frustrating and complex. But don’t let that discourage you from exercising your legal rights. With the right legal advice and realistic expectations, filing an appeal may be your best course of action. I wish you the very best of luck!