| Frequently Asked Questions |
Can I appeal my adverse court ruling?
Should I appeal my adverse court ruling?
Am I obligated to use the same attorney or law firm to handle my appeal as handled my case at the trial level?
How much information do I need to share to have an attorney evaluate my case?
How long do I have to file an appeal?
Do recent changes in the laws have any effect on my case?
Will I win on appeal?
How much will it cost to hire an attorney to appeal my case?
How long will it take to appeal my case?
Can I appeal my adverse court ruling?
Whether and to what court an adverse decision may be appealed depends on a variety of factors. What authority
rendered the ruling? When was the ruling made? Is there time left in any applicable statute of limitations period? Was
the ruling of a type which has been deemed "non-appealable" by state or federal law? Is special authorization required for
an appeal? An attorney with a practice focused on appellate law will be able to determine whether an adverse court ruling
in your case can be appealed to a higher authority and navigate the often confusing legal avenues for appeal.
Should I appeal my adverse court ruling?
Even if an adverse decision can be appealed; the question remains whether it should be appealed. Pressing an appeal
can be a lengthy and expensive process. Sometimes the potential for a reversal is worth the extra time and money;
sometimes it's not. An attorney can help you decide whether to appeal based on your particular circumstances.
Am I obligated to use the same attorney or law firm to handle my appeal as handled my case at the trial level?
No. You have the right to hire new counsel for your civil or criminal appeal. In some situations, new counsel may be
required to avoid a conflict of interest unless the client waives the conflict.
How much information do I need to share to have an attorney evaluate my case?
In order to obtain a fair and reasonable evaluation of your situation, you will need to share information with the attorney or
firm you seek to hire. The first step in this process is to contact counsel by telephone or e-mail
and provide a basic outline of what has happened and why you feel you need legal assistance. If there's a chance to
help, you will be asked to come in for an initial consultation. Following the consultation it may be necessary for the
attorney to collect and review the court records and evidence developed during the original court proceeding(s) before it
is possible to render an opinion regarding the appealability of the decision.
How long do I have to file an appeal?
The length of time within which an appeal must be filed is generally limited by statute and will vary depending on the
jurisdiction and type of case.
Frequently, a notice of the intent to appeal must be filed within an even shorter period of time. If you fail to file your notice
or appeal within the applicable limitations period for your jurisdiction and your case, your right to appeal will be lost.
The limitations laws on notice and appeals are complex and themselves subject to constant legislative and judicial review
and amendment so it is important discuss your case with an experienced attorney as soon as possible.
Will I win on appeal?
No attorney or firm can guarantee a better outcome on appeal than at trial. However, a review of court records and
evidence may turn up legal or evidentiary issues worthy of a second look by a reviewing court.
How much will it cost to hire an attorney to appeal my case?
In most cases, the services of a single attorney who is experienced with the appellate process is all that is required to file
and pursue an appeal. The minimum legal fee you can expect to pay will cover the court's costs and the attorney's time
reviewing the record developed in the lower court and the available evidence, researching relevant law, and writing at
least one appellate brief.
In some cases the additional services of an investigator or expert may be required to flesh out the factual details
supporting a legal issue. Occasionally, a case will be called for oral argument and the attorney will have to travel to the
courthouse to appear in person to present your case to a judge or panel of judges. And in an extremely limited number of
habeas corpus proceedings, the trial court may also order an evidentiary hearing -- a proceeding with witnesses but no
jury -- to learn more about the facts relevant to a particular claim or claims. An experienced attorney can discuss the
likelihood of any of these occurrences with you and help you decide whether to pursue the appeal in light of the potential
added expense.
How long will it take to appeal my case?
Depending on the type of case, the nature of the appeal, and the court, it can take a few months to several years to see
the matter through to its conclusion.
Should I appeal my adverse court ruling?
Am I obligated to use the same attorney or law firm to handle my appeal as handled my case at the trial level?
How much information do I need to share to have an attorney evaluate my case?
How long do I have to file an appeal?
Do recent changes in the laws have any effect on my case?
Will I win on appeal?
How much will it cost to hire an attorney to appeal my case?
How long will it take to appeal my case?
Can I appeal my adverse court ruling?
Whether and to what court an adverse decision may be appealed depends on a variety of factors. What authority
rendered the ruling? When was the ruling made? Is there time left in any applicable statute of limitations period? Was
the ruling of a type which has been deemed "non-appealable" by state or federal law? Is special authorization required for
an appeal? An attorney with a practice focused on appellate law will be able to determine whether an adverse court ruling
in your case can be appealed to a higher authority and navigate the often confusing legal avenues for appeal.
Should I appeal my adverse court ruling?
Even if an adverse decision can be appealed; the question remains whether it should be appealed. Pressing an appeal
can be a lengthy and expensive process. Sometimes the potential for a reversal is worth the extra time and money;
sometimes it's not. An attorney can help you decide whether to appeal based on your particular circumstances.
Am I obligated to use the same attorney or law firm to handle my appeal as handled my case at the trial level?
No. You have the right to hire new counsel for your civil or criminal appeal. In some situations, new counsel may be
required to avoid a conflict of interest unless the client waives the conflict.
How much information do I need to share to have an attorney evaluate my case?
In order to obtain a fair and reasonable evaluation of your situation, you will need to share information with the attorney or
firm you seek to hire. The first step in this process is to contact counsel by telephone or e-mail
and provide a basic outline of what has happened and why you feel you need legal assistance. If there's a chance to
help, you will be asked to come in for an initial consultation. Following the consultation it may be necessary for the
attorney to collect and review the court records and evidence developed during the original court proceeding(s) before it
is possible to render an opinion regarding the appealability of the decision.
How long do I have to file an appeal?
The length of time within which an appeal must be filed is generally limited by statute and will vary depending on the
jurisdiction and type of case.
Frequently, a notice of the intent to appeal must be filed within an even shorter period of time. If you fail to file your notice
or appeal within the applicable limitations period for your jurisdiction and your case, your right to appeal will be lost.
The limitations laws on notice and appeals are complex and themselves subject to constant legislative and judicial review
and amendment so it is important discuss your case with an experienced attorney as soon as possible.
Will I win on appeal?
No attorney or firm can guarantee a better outcome on appeal than at trial. However, a review of court records and
evidence may turn up legal or evidentiary issues worthy of a second look by a reviewing court.
How much will it cost to hire an attorney to appeal my case?
In most cases, the services of a single attorney who is experienced with the appellate process is all that is required to file
and pursue an appeal. The minimum legal fee you can expect to pay will cover the court's costs and the attorney's time
reviewing the record developed in the lower court and the available evidence, researching relevant law, and writing at
least one appellate brief.
In some cases the additional services of an investigator or expert may be required to flesh out the factual details
supporting a legal issue. Occasionally, a case will be called for oral argument and the attorney will have to travel to the
courthouse to appear in person to present your case to a judge or panel of judges. And in an extremely limited number of
habeas corpus proceedings, the trial court may also order an evidentiary hearing -- a proceeding with witnesses but no
jury -- to learn more about the facts relevant to a particular claim or claims. An experienced attorney can discuss the
likelihood of any of these occurrences with you and help you decide whether to pursue the appeal in light of the potential
added expense.
How long will it take to appeal my case?
Depending on the type of case, the nature of the appeal, and the court, it can take a few months to several years to see
the matter through to its conclusion.
| Law Office of Margaret Schmucker |
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