5 Strategies to Appeal a Judge's Decision
Ohio Appellate Lawyers
If you feel the final judgement of your case is not in your favor, you may have the legal right to appeal. Before launching an appeal, however, it is important to understand the process and the limits of an appeal. This guide will provide you with a step-by-step overview on how to effectively appeal a judgement.
Identify the grounds for appeal.
The first step in appealing a judgement is to identify the grounds for appeal. You should evaluate the decision carefully based upon current law, legal precedent and the facts of your case. Grounds for appeal include an error in law or fact, important new evidence, mistakes made by the trial court or jury misconduct. Additionally, you may also argue that the sentence is disproportionate to the offense.
Gather your relevant documents.
Before you can file an appeal, it's crucial to gather any relevant documents that could help your case. This includes the judgement, court transcripts and any other documents related to the trial that could be used to support your argument. Additionally, look for any available forms related to filing an appeal—these can generally be found on your local court system's website. Make sure all these are organized in a way that's easily accessible before you take the next step.
File the appeal in the proper jurisdiction.
It's important to ensure that you file your appeal in the proper jurisdiction. Make sure you file in the same court system you originally brought your case before, as this is the court type with proper authority to hear an appeal of its prior decisions. Additionally, be aware of any deadlines or fees that may be required – Ohio appeals must be filed within 30 days of the “final” judgment entry or they are waived forever.
Provide your arguments to the court.
Once you have the necessary documents prepared and filed with the court, it’s time to make your case. In order to convince a 3-judge panel that your appeal is valid and should be granted, you’ll need to establish why the trial court’s decision was wrong or unjust. Think about what facts were overlooked or interpreted incorrectly, which legal principles weren’t applied properly, and any other issues that would merit an appeal of the ruling. You will need to file a written brief that complies with the Ohio Rules of Civil Procedure You can reach our law firm for direction at (888) 200-9824.