What Are my Options if I Believe A Mistake was Made in my Case? Individuals involved in business litigation in Arizona, unfortunately, may be involved in situations where a mistake has been made in a case. If the initial outcome was not to your satisfaction as a result of a mistake made by the court or the judge, you may be entitled to file for appeals. Many clients, including those who have lost or won, may be surprised to learn that appeals happen as a separate legal process from your original trial.
What Is an Appeal?
An appeal occurs when a higher court is asked to evaluate the lower court’s decision. Appeals give litigants an opportunity to have decisions made in the initial trial or subsequent trials re-examined and in certain cases, reversed. The primary allegation of such a request is that an error occurred during some part of the trial process that in some way influenced the decision.
Basics of Appeals: When Are They Permitted?
Although the United States Constitution has been understood to mandate that one appeals court review a lower court decision, this does not always represent the end of the process. For example, a higher level appellate court could also be petitioned by a party to examine the verdict of the first level appellate court in Arizona. At this stage, the second or further appellate court can choose whether or not to review the initial decision from the previous appellate court level.
Hiring an Appellate Attorney
In order to move forward with an appeal, you must believe that a mistake has been made at the previous level. An attorney can help you figure out what legal issues may qualify your case for appeals, and you should set up a meeting to talk this over as soon as possible. It’s likely that you have many questions about what is coming next, so you need to be able to count on a lawyer with experience in this field.
It is imperative to have a knowledgeable Arizona business litigation attorney assist you if you believe that you need to move forward with an appeals case. These cases become increasingly complex as you move on through the appeals process and it is imperative that you have an attorney who has a complex understanding of all facets of the law. Appeals can only be sought by parties to previous cases who allege that some mistake was made in the previous court process.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding A Mistake was Made in my Case, or any other litigation matter, please feel free to contact Stockton D. Banfield at 480.461.5356, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.