The appeals process lets you have a final court order overturned or modified when errors were made by the judge in your case. But some appeals may be remanded, resulting in a new trial.
Knowing how to navigate the appeals process is the first step to achieving the outcome you want.
Working with an experienced appellate attorney gives you the legal resource you need to overturn a lower court’s order and move forward with a second trial.
A remanded appeal simply means that the case is sent back to the lower courts. This occurs when the appellate court finds that the lower court’s judge made some error related to the laws or facts in your case.
Improper rulings, errors in procedure, or the exclusion of admissible evidence may result in a lower court’s decision being overturned and sent back for further action.
Both parties in a legal case can appeal a lower court’s final decision. The appeal itself doesn’t equate to a new trial. So no new evidence can be submitted in an attempt to overturn or modify the lower court’s order.
The higher court reviews all of the details of your case to determine if the judge acted according to legal standards.
Starting Over After Your Appeal is Remanded
Your appeal is remanded when the appellate courts discover that some error was made. The higher court will provide instructions on what further actions will be taken after a case is sent back to the lower court.
When an appeal is remanded, it doesn’t indicate that the final decision was wrong. It can only be based on errors made by the lower court when making their decision.
The appellate court must review any briefs submitted by you and the other party. A remanded appeal begins the trial process all over again.
In addition to giving you a second opportunity to win your legal case, it protects the rights of both parties in family law and other civil cases as well as in criminal cases.
Working Through the Appeals Process
Having the right legal resources and understanding the appeals process will help you get the outcome you want in your family law case.
It’s important to work with an appellate attorney when seeking an appeal. Trial lawyers may understand family law, but they can often lack the skills and experience needed to deal with appellate courts.
Choosing the wrong attorney can lead to issues related to the required procedures, deadlines, and the presentation your argument.
Any errors made by your attorney could result in the dismissal of your appeal. This is especially true when an appeal has been remanded.
These and other mistakes may cause the appellate court to dismiss your appeal. That’s why you need an attorney who understands the appeals process and can deliver the arguments that lead to a positive outcome.
Many issues can arise when dealing with appellate courts. Being prepared protects your interests and helps you navigate the appeals process and overturn the original ruling in your case.
A successful appeal will give you the chance to obtain a judgment in your favor even after a final court order has been made in your case.