Appellate Law – Frequently Asked Questions
At Cain & Associates in Cleburne, we provide appellate services for an array of needs. Whether you believe an error has taken place in court proceedings or evidence was overlooked in the original trial, we have the experience necessary to review your case and walk you through the next steps. Often, appellate attorneys hear the following questions:
Can both parties try to appeal a decision?
Yes, in a civil case both parties have the option to file for an appeal. Even if the case was judged in your favor, you may still seek to appeal the final judgement.
What types of cases allow for an appeal?
You may file for an appeal for many civil case judgments, as well as some criminal cases. This includes those related to business litigation, contract disputes and real estate issues.
What does the appeal process look like?
You and your attorney would file a notice of appeal. You draft a brief which details the errors you believe occurred and your side of the truth. Depending on how the other party responds, you may appear before an appeals court and give an oral argument. If the appellate court believes your argument to be valid, the judgment may be reversed and your case may return to court for a new trial.
How long do I have to file an appeal in Texas?
Generally speaking, you have 30 days from the final judgment to file for an appeal in Texas. In certain circumstances, it may be possible to extend the deadline.
Why should I hire an appeals lawyer?
Filing for an appeal is different than preparing for a trial. The process requires extensive review of the facts, case details and other in-depth analyses to ensure an accurate and strong appellate argument. Lawyers with appeals experience know the process and what the appeal’s court will look for.