Appellate Litigation

Difference Between Appellate Courts and Trial Courts

Many individuals get confused between appellate courts and trial courts. The trial courts are from where the case proceedings begin. In this court, both parties have the opportunity to present their version of the situation and provide evidence to support their claims. Majority of the evidence that is presented in the trial courts typically comes from witnesses and exhibits. On the other hand, there are no evidences or witnesses presented in an appellate court. In this court, the lawyers argue the policy and legal issues in from of a judge. Whereas, in a trial court, the lawyers present evidence and argue their case to persuade the judge in a bench trial or the jurors in a jury trial.

Secondly, the judges in both courts are also different. In case of a trial court, there is only one judge who determines which evidence can be used and which can’t be used, as well as ultimately decides the case’s outcome. In case of an appellate court, there can be more than one judge depending on the state. The Court of Appeals can have up to five groups of three judges, and the Supreme Court can have a group of five justices. There can be differences as per the laws of different states.

The third major difference between appellate court and trial court is the jury’s role. A jury is made up by a various citizens that the lawyers have to persuade with facts and evidence before the decision is made. This jury is utilized in certain trial courts in order to determine the outcome of the case. For instance, for a criminal trial, the jury has to determine if the individual is guilty or not; and for a civil trial, the jury determines if the individual is liable or not. However, in an appellate court, there is no jury. The judges are responsible to decide the outcome of the appeal.

One of the major misunderstand regarding appellate court is that the judges would rehear the case numerous times, ask for evidence and give you more time to argue. In reality, the appellate courts don’t rehear the facts and evidence of the case. They are more focused on the questions of law, instead of the questions of fact which typically happens in the trial court. The judges in the appellate court want to hear if the laws were accurately applied where needed.

The appellate court has the power to overrule the decision of a trial court only if there was a significant legal error made in the trial court. In certain cases, the judges in the appellate court might conclude that the decision made by the trial court should have been different but they still can’t overrule the decision unless a legal mistake was made in that court. When there hasn’t been an error made by the trial court, they can’t overrule the decision even if the judges think otherwise.

Reasons You Need an Appellate Attorney

Since appellate litigation is a specialized field of law, it is highly recommended that you hire an appellate attorney to manage your case to ensure that the outcome is in your favor. Here are some of the main reasons why you need an experienced appellate lawyer:

Trial Court Cases are Different than Appellate Court Cases: While there are numerous lawyers who shine in a trial court and secure a win no matter how difficult the case is, it certainly doesn’t mean that their skills might successfully work in an appellate court. The judges in appellate court are experienced enough to determine if the argument being presented to them is by a trial attorney or an appellate attorney. Indeed the trial attorneys can present an outstanding argument but there is a different skill set required in an appellate court. The arguments that can sway the juries might not work on appellate judges.

Appeal Process Starts Early: the appellate lawyers can easily spot an appealable case early on. They make sure that the legal arguments aren’t waived off and help the trial counsel to present evidences and witnesses in a way that would support their arguments for the appeal. Moreover, the different viewpoint of an appellate lawyer can help the trial lawyer to come up with new lines of arguments that would help with the case.

Save Time and Money: while majority of the trial attorneys are busy with cases, they don’t have sufficient time to create a strong appellate brief that could stand in court. The negotiation in the appellate process can be time consuming and complex for a trial lawyer and this also means added hours and more money. Opting for appellate lawyer would save the time and money and ensure both trial and appellate lawyer make their skills work in their specialized field and win your case.

These are few of the many reasons why opting for an appellant lawyer would do wonders for your case. It would be a smart move and make your case stronger in court while drastically enhancing your chances of a positive outcome of your appeal.

If you are looking for experienced lawyers to assist you in trial court and appellant court, feel free to contact Shiner Law Group and get a free evaluation of your case by our experienced lawyers.