When you have been involved in a legal proceeding where a judge made an adverse ruling, either during the course of the proceedings or in a conclusion, you may have a right to an appeal. Appellate proceedings are only available if certain criteria are present and there are detailed procedures that must be followed to allow an appeal to be heard. Indianapolis Indiana appellate attorneys from McClure McClure & Davis can review a case to see of an appeal is possible.
In order for a legal issue to be appealed, the issue must have been properly preserved and recorded. For example, some issues may only be appealed if the issue itself was raised in the earlier court proceedings, such as a verbal objection that is contained on the record.
If a court incorrectly applied the law or took other action that contradicts the rule of law, then an appeal may be possible. There must be adequate information to demonstrate the issue, otherwise an appeal may be dismissed.
Because an appeal must be connected to a specific issue, merely disagreeing with an outcome may not be enough for an appeal. An appellate attorney can review the court record to determine if there are appealable issues and whether the issues were properly preserved for appeal.
An appeal must be filed within a specific period of time, otherwise the ability to appeal is waived. Once the appeal is filed, you present your argument through written briefs that set forth the specifics about the legal issues and cite to the applicable law. The opposing party also has an opportunity to present their own written brief in response to your argument. The parties may have the opportunity to orally argue their positions as well. An appellate court will ultimately make a decision on the appeal.
The Indianapolis Indiana appellate attorneys from McClure McClure & Davis can help you determine if an appeal is possible. We can represent you in the appeal and will advocate on your behalf. Contact us to learn more.
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