When You Should File an Appeal

If a party is dissatisfied with the decision of a court, they are usually entitled to appeal the ruling.  Indeed, most court systems allow parties to appeal a decision to a higher court, and then appeal a matter further to the highest court of that jurisdiction.  Depending on which court a case is filed in, parties may have to wait until a matter has been fully decided before filing an appeal.  In any case, there are certain considerations that usually dictate when you should file an appeal.

Likelihood of Success

The most important factor that will dictate when you should file an appeal is the likelihood of success.  Higher courts generally uphold the rulings of lower courts.  This is because trial courts are closer to the facts in a case, and it is usually assumed that they reached the right outcome.  However, different standards are applied when reviewing the decisions of lower courts depending on the matter that is in dispute.  If a stricter standard is applied when reviewing a given matter, it might not be worth it to try and appeal a decision.  An experienced attorney should know when an appeal has a higher likelihood of success, and should be able to recommend when an appeal would be in a client’s best interest.

Size of the Dispute

Appeals are usually costly.  Although many law firms, including The Rothman Law Firm, try and keep costs down, there are many expenses involved with filing an appeal.  Attorneys must typically spend substantial time conducting research when outlining and drafting an appeal.  Furthermore, depending on the jurisdiction, parties may also need to pay for printing costs associated with an appeal.  In addition, attorneys must also spend time preparing for and appearing at oral arguments for an appeal if such arguments are scheduled.

If a given dispute is not worth a substantial amount of money, then it might not make sense to file an appeal.  In addition, if a party does not have considerable resources, they might choose not to appeal a decision to a higher court.  However, since the size of the dispute often dictates when you should file an appeal, parties should consider appealing unfavorable decisions if the case is worth a substantial sum.

Stage of the Case

In jurisdictions in which appeals can be filed before a final decision is rendered for a matter, it still might pay to wait to file an appeal.  Sometime, courts may deem issues premature to be decided on appeal and will reject a challenge on this basis.  For instance, sometimes parties wish to file a motion dismissing a case before all of the discovery in a matter has been exchanged between the parties.  Courts routinely reject such summary judgment motions, since additional evidence could come to light that would impact the court’s decision.  If someone wanted to appeal such a denial of a summary judgment motion, a higher court would also likely find that the matter is not ripe for a decision at that juncture.  In any case, the stage of a case will impact when you should file an appeal, and the further along a matter is towards reaching a resolution, the more likely it is that you should file an appeal.

Timing

Sometimes, timing will be an important factor when determining when you should file an appeal.  Appeals typically take some time to be decided, since papers must be submitted and then oral arguments must be scheduled.  It also takes time for the court to render a decision on an appeal.  Depending on the jurisdiction, it can take months and even years for a matter to work its way through the appeals process.

Sometimes, if a party has a meritorious appeal, it might also be beneficial to delay a matter by filing an appeal.  In certain instances, trials are adjourned until an appeal has been decided, and this might be another timing issue that might incentivize a party to file an appeal.  In any case, filing an appeal can be part of a broader litigation strategy separate and apart from seeking to overturn a decision of the lower court.  A skilled appeals lawyer should know all of the tactics associated with filing an appeal.

Costs

Although parties must usually pay for their own litigation expenses, there are exceptions to this rule.  For instance, contracts can provide that one party needs to pay for the legal fees of another party, and laws can also compel certain parties to pay for another litigant’s legal expenses.  Sometimes, contractual provisions and laws will also be found to require another party to pay for the other litigant’s costs associated with filing an appeal.

It should be noted that if courts find that an appeal is frivolous, the appealing party must pay the costs of the responding party related to an appeal.  As a result, litigants need to be careful when choosing to file an appeal.  However, contract provisions and laws that shift legal expenses can also dictate when you should file an appeal.

The Rothman Law Firm has substantial experience with filing appeals and responding to appeals in a variety of different matters.  We are familiar with all of the practical and legal matters that should be considered when evaluating when you should file an appeal.  If you are looking for an experienced New York and New Jersey appeals lawyer to review your case, please feel free to contact The Rothman Law Firm to request a free legal consultation.