Step 8: Appeal Process
A party that loses at the end of trial may wish to file an appeal. Appeals are generally based solely on legal elements of the trial.
If there is, for instance, new evidence that was not available during the trial, misconduct by a key participant in the trial, serious errors made by the judge or counsel, or the verdict or award was not justified by the evidence, counsel can ask the court through a motion to nullify the verdict and order a new trial. If the motion for a new trial is not granted, an appeal can be requested through the appeals court. There are stringent appeal process guidelines to follow in every state.
The appeals court will review the case, but this is generally not an opportunity to retry the case. The court reviews the trial record to determine if the trial was conducted in a fair manner. This may, for example, involve:
- Determining whether the law was interpreted correctly
- Reviewing whether court rules and procedures were followed
- Deciding whether evidence was, or was not, admitted appropriately
- Finding whether the judge ruled correctly
The appeals court may entertain oral arguments by counsel. Ultimately, the appeals court will rule whether the original verdict should be upheld, reversed, or retried.
For over 30 years, Stern Law, PLLC has focused exclusively on fighting for justice and compensation in cases where an innocent child sustained birth injury due to the negligence of medical professionals. We are experienced advocates who are dedicated to fighting hard for your child’s rights. Whether you’re beginning to consider legal action or you’d like a second opinion on your claim, please call (800) 462-5772 for a free consultation.