The appeals process begins after a final verdict, judgment, or order has been rendered in the trial court. If either party is unhappy with the result and believes that a legal error negatively affected the outcome of their case, that party may file an appeal in the Court of Appeals.
The purpose of an appeal is to reverse the outcome rendered in the trial court. Appeals can turn on very technical legal standards, precedents, and doctrines, and a detailed understanding of the law and of appellate procedure is necessary to prevail.
The appeals process typically consists of both written and oral argument. The party that files the appeal (the Appellant) will submit a written brief detailing for the court the facts of the case, the legal issues presented on appeal, and the legal reasonsons as to why the outcome from the trial court should be reversed. The responding party (the Respondent) then has the opportunity to a file a written response rebutting the legal assertions made in the Appellant's opening brief. After the Respondent's brief has been filed, the Appellant will then have an opportunity to submit a written reply brief rebutting the arguments made in the Respondent's written response.
After the parties have filed their briefs, either side may request oral argument before the Court of Appeals. Oral argument is presented before a panel of appellate judges who will have the opportunity to question the attorneys from both sides and challenge the veracity of their legal arguments. Thus, it is important that the appellate lawyer is not only a strong writer, but also a strong oral advocate and public speaker.
The attorneys at Calvert & Coleman are well versed in appellate procedure. They are excellent writers and outstanding oral advocates. Whether you are the Appellant or the Respondent, call today to see how Calvert & Coleman can assist you in resolving your appeal.
A writ is a directive from the Court of Appeals or from the California Supreme Court that directs a lower court either to do something, or to refrain from doing something. Unlike appeals, which are heard as a matter of right, writ review is a discretionary process that is only available in certain extraordinary circumstances. Courts are reluctant to grant writs and often deny them in summary fashion. To obtain writ review, the aggrieved party must demonstrate that they do not have any other adequate remedy through the ordinary legal process, or that they will suffer irreparable injury if the writ is not granted.
Filing a writ can be a complicated and confusing process, and the help of a capable and knowledgeable attorney is usually necessary to prevail. If you are considering filing a writ, the attorneys at Calvert & Coleman may be able to help. Call today to see how we can assist you.