Knowing the Court and Judge Who Will Hear Your Appeal

Family law cases lead to decisions that favor one party over the other. But the appeals process allows you to have a final court order modified or overturned.

The appeals process can be complex and difficult to understand. How appellate courts work and the requirements needed to file a successful appeal depends on the circumstances related to your case.

The following will help you understand what court will hear your appeal and whether or not you’ll go before the same judge.

How the Appeals Process Works

An appeal can only be filed in cases where either party believes that errors were made by the lower courts in their final decisions. These legal errors may be related to the law or the facts in your case.

The appeals process lets you take your case to a higher court to be reviewed. If they determine that legal errors were made, then the lower court’s decision can be changed or overturned.

The Court of Appeals of Georgia is responsible for granting appeals, giving you the chance to obtain a favorable outcome in your family law case.

They can determine if lower court judges failed to interpret legal statutes correctly or if their discretion in establishing court orders was abused.

Your right to appeal a court decision depends on the type of case and the basis of your appeal.

Working With the Appellate Court

Some family law cases may be subject to a direct appeal, which means that the appeal will be automatically granted when requested.

Others are subject to a discretionary appeal, which requires the appellate court to decide whether or not to grant the appeal.

The appellate court requires you to file an application within 30 days of the lower court’s final order.

The Court of Appeals of Georgia must decide if your case merits an appeal. A majority decision from the presiding appellate court judges is required to complete this process.

A panel of three judges will preside over this decision. They review the records related to your case and its relevant laws before determining if your case can be appealed.

Working with an experienced appellate attorney who understands family court cases is essential to achieving a successful outcome.

An appeal doesn’t give you the right to submit any new evidence. But you’ll need to gather information related to your case such as transcripts and other documents.

Having the information needed by the appellate courts prevents unwanted disruptions or delays.

Getting the Legal Resources for Your Appeal

The complexity of the appeals process requires you to choose the right attorney to handle your case.

Since your appeal doesn’t go to the same judge who oversaw your original suit, having the right attorney to address the unique needs of appellate courts helps you get a court order overturned.

The Court of Appeals of Georgia can only base their decision on the court records from your original trial. Your appellate attorney will help you develop a strategy that will make the process easier and less costly.

You’ll set realistic expectations and know what to expect as you move through the process. This improves your chances of having a court order modified or overturned for the benefit of you and your family.