Filing an appeal lets you have a court order modified, overturned, or sent back to the lower court for a retrial.
Appeals are granted by a higher appellate court, and there are specific rules that need to be considered.
A “stay” occurs when the court order is paused so it doesn’t go into effect during the appeal.
Understanding this process and how it impacts your appeal is essential to achieving the legal outcome you need.
The Appeals Process
Appeals are granted and reviewed by the appellate court. No new evidence can be submitted by either party during the appeals process.
The appellate court evaluates the evidence already presented in the original trial, and your appeal must be based on a belief that the lower court made some error in fact or law.
The appeals process doesn’t allow you to retry your case. It is only a process by which you can have a lower court’s decision modified, confirmed, or set aside.
In some cases, an appeal may be remanded, which means the case is sent back to the lower courts to be tried again.
Using a Stay to Stop the Court Order From Going Into Effect
It may be in your best interest to keep the lower court’s decision from going into effect during your appeal. This requires you to take the legal steps to stay the court’s enforcement of their final order.
You must file a motion to the stay the final order during the appeals process. The motion must be filed with the district court, and your attorney will help you avoid common mistakes.
The stay halts any further legal processes until it is lifted by the courts. In some cases, a stay may be used to postpone legal proceedings when it benefits either party.
Filing a motion to stay a final court order requires you to present the reasons for your request. There are other trial rules that you need to be aware of when filing a motion to stay a court order.
You must demonstrate a high likelihood that your appeal will be successful and that the denial of your motion to stay would lead to irreparable damages.
Stays can be difficult to obtain. Understanding the rules helps you prevent a court order from being enforced if it’s in your best interests.
Getting the Legal Support You Need for Your Appeal
Family law attorneys who understand the appeals process can provide you with the information you need to make the right legal decisions for your case.
Appeals and stays are technical processes that involve numerous rules that can get in the way of your success.
Trial attorneys often lack the expertise to handle appeals, leading to costly mistakes. So it’s important to work with an appellate attorney who understands family law and the rules related to appeals.
You need to gather court records and other documentation to support your argument for an appeal. This increases the likelihood of having a lower court’s decision modified or overturned in your favor.
Understanding how a stay affects your appeal is the first step in getting the outcome you want. Preventing a court order from going into effect while you take your appeal to a higher court gives you the legal protection you and your family need.