In this episode of the FMJ Law Podcast, Attorneys Anna Swiecichowski and Adam Brown break down the fundamentals of the appellate process and explain what can happen after a trial court issues a decision. Anna and Adam begin with the basics: what is an appeal and how does a case reach the appellate stage? They discuss the procedural history that typically leads to an appeal and explain the role appellate courts play in the legal system. Unlike trial courts, appellate courts are generally focused on reviewing the record for legal errors, not re-trying the case or hearing new evidence. The conversation explores what appellate courts can and cannot do, including their primary role as “error-correcting” courts. Anna and Adam also explain:
- How cases reach the appellate stage;
- The role of appellate courts and their limits;
- Determining whether an order or decision is appealable;
- Strategic considerations: whether to appeal and how to respond;
- Notices of appeal (starting the appeal process);
- Discretionary appeals vs. appeals as of right;
- Key timelines in the appellate process;
- The record on appeal;
- Briefing requirements;
- Oral arguments; and
- Appellate decisions, precedent, and next steps.
The team also discusses the economic realities of the appeal process, the importance of responding to an appeal, and how negotiation and settlement can still play a role even after a case moves into the appellate phase.
If you are interested in learning about the way cases move through the judicial system after a trial, this episode provides a great introduction to the appellate process from start to finish.
Please click below to listen to Episode 40, or find us on most major podcast platforms.
The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.
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