The question comes to mind, “can I appeal my commercial litigation case?” There is nothing quite as frustrating as going through a commercial litigation case in Arizona only to discover that you are unhappy with the outcome. Unfortunately, this can and does happen across Arizona. In the event that you are frustrated with your outcome, you may be able to file an appeal, but you need to understand the appeals process. Setting up a meeting with an attorney now can help you better understanding whether or not an appeal is the right choice.
What Can an Appeals Court Do?
An appeals court reviews issues of law and process, not the facts of the case. If a mistake was made at a lower-level court, an appeals court can overturn that decision. Bear in mind that this is not necessarily a finite end to the situation, as the other party may decide to appeal on their own.
Appeals are Not Always the Right Choice
While an appeal is typically an option, it does not always remedy the source of your dissatisfaction. Appeal courts are strictly limited to considering and deciding questions of law, not questions of fact. For example, if the judge in your case failed to give the jury proper instructions, an appeals court may be willing to hear your argument that the jury could have reached a different decision based on the facts if the judge had given the jury the adequate instructions.
Challenges with Appeals Cases
Appeal courts are typically reluctant to overturn the verdict handed down by a jury unless there is a significant lack of evidence to support that verdict. The typical legal theory behind this is that juries who are in the position to see the witnesses testifying in hear the evidence directly are better able to judge questions associated with the case. If you believe that a fact of law has impacted the outcome of your case, it is a good idea to consult with an Arizona commercial litigation attorney as soon as possible.
What if I Do Have a Case That Meets the Grounds for an Appeal?
In the event that the judge in your previous case made a mistake or did something that should not have been done, you may have grounds for an appeal case. You should only consult with a commercial litigation attorney who has handled commercial appeals cases before. Appeals court is quite different from your initial case and may require the experienced insight of someone who understands how the appeal’s court operates. Do not hesitate to get legal advice in this situation.
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 Can I Appeal My Commercial Litigation Case, or any other litigation matters, please feel free to contact Roger C. Decker at 480.461.5343, 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.