Can I Appeal a Court Decision or Judgment?
Appeal a Court Decision in Madison WI
Sometimes a trial leads to a verdict with which you do not agree. A jury will not always find in your favor, even if it seems like you should win your case. But what can you do if you feel strongly that the court got it wrong? In some situations, an appeal can help you get the legal relief you need.
The Facts Cannot Support the Verdict
The trial court, whether you are in a criminal or civil case, is responsible for hearing and interpreting the facts of your case. The jury, or the judge if you do not have a jury, can determine which witnesses are most believable and which evidence matters most.
Sometimes, though, after both sides present their cases, the facts simply do not add up to the verdict. The judge might have excluded key evidence, or there may simply be a missing piece of information that the jury would have needed to reach its verdict. If the facts cannot have led to the result the court reached, you can appeal.
The Judge Got the Law Wrong
Sometimes, judges make mistakes. While appeals courts cannot re-determine facts that come out at trial, they can correct errors in how the judge applies the law to your case. When the judge gets the law wrong, you can appeal on those grounds. Your lawyer can identify the statutes misinterpreted and preserve the record through objections, and then prepare your appeal.
Getting the Process Right
Your lawyer will lodge objections during your trial to help sort out problems with evidence or the other attorney’s tactics. This helps preserve a record and lay the foundation in case you need to appeal. After that, you must file a motion with the trial court and then file your appeal with the appellate court.
To manage the appeals process correctly, you need to work with experienced attorneys. Eisenberg Law Offices will work to get you the best result the first time, but stands ready to help with your appeal when needed.