Civil litigation is adversarial by nature, and unless the parties can agree on a settlement, a judicial outcome usually leaves one party in an unfavorable position. Depending upon the consequences at stake and the resources available, the losing party may choose to appeal. If you are appealing your case, it is important to understand that an appeal is not simply a new trial. Appellate practice is different in many ways from trial practice, so whether you are filing an appeal or responding to an appeal filed by the other party, make sure you are represented by an attorney who has experience handling appeals in your particular area. For a free consultation regarding your appeal, contact John H. Ruby & Associates in Louisville.
Make Sure Your Appeal is Accepted
In addition to appealing final judgments, it is often possible to appeal certain appealable orders made during the course of litigation before trial, as well as appealing certain post-judgment orders as well. In most cases, however, appeals are discretionary. This means that the appellate court decides whether or not they will accept the appeal. It is important to identify the grounds for appeal and prepare a persuasive petition so that the justices will decide to hear your appeal.
Our lawyers call upon accurate and expert research and writing skills to prepare a compelling brief that makes it easy for the justices to rule in your favor. If oral argument is called for, our skills as experienced courtroom litigators enables us to argue and defend the points in our brief in a forceful and convincing manner.
Trial Experience and Appellate Skills
Some people think that an appeal is like getting a second chance at a trial, but this is not the way it works. The grounds for appeal are limited and are based on a review of the record at trial. In order to be successful on appeal, you must be able to demonstrate how the trial judge made some mistake of fact or error of law or procedure, such as giving incorrect instructions to the jury or making the wrong ruling on a motion or objection which allowed in inadmissible evidence or prejudicial testimony. It is important to show not only that errors were made, but that they were serious enough to have affected the outcome of the trial.
At John H. Ruby & Associates, our years of experience as Kentucky civil trial lawyers helps us immensely in our practice as appellate attorneys. We know what it takes to preserve the trial record for appeal, and we know how to read a trial transcript to identify appealable error.
Experienced Legal Representation for Kentucky Appellate Matters
In many instances, appellate court justices defer to the decisions of the trial judge who experienced the trial firsthand; therefore, being successful on appeal often requires meeting a high, challenging standard. Trust your appeal to a team of attorneys with trial and appellate experience across a wide range of civil matters. In Jefferson and Oldham counties, contact John H. Ruby & Associates in Louisville for assistance.