I don’t agree with the trial court’s decision. What can I do?
Sometimes, despite what you believe are the best facts and legal arguments in your favor, the trial court or jury does not agree with you. What are your options?
If the decision you wish to challenge is considered to be a “final judgment” or appealable order, you may be able to file a direct appeal with the appellate court. The appellate court, applying the appropriate standard of review to the lower court’s or fact finder’s decision, will review record of evidence presented at the trial or hearing to determine either if the trial court’s judgment is supported by substantial evidence or, if the decision is question of law, whether the trial court correctly applied the law to the facts presented at trial.
On appeal, you cannot present new evidence or obtain additional discovery. You are limited to what was presented at trial.
What steps do I need to initiate an appeal?
The Indiana Rules of Appellate Procedure govern the various timing requirements for perfecting your appeal or writ. Examples of various steps you must follow are to timely file your notice of appeal, and then file your designation of the record on appeal. The appellate court will eventually issue a briefing schedule, setting forth the due dates for briefs to be filed and served. All of these steps are governed by the appellate rules of court, which are very intricate and strictly enforced by the appellate court. Failure to file the appropriate papers at the appropriate time can result in you forfeiting your right to appellate review of your case.
Why should I hire JC Law Offices to handle my appeal?
Attorney Jonathan G. Chance, Principal and Owner of JC Law Offices, is a former judicial clerk on both the state and federal court levels. His experience in those roles provided him with experience and judgment in knowing how to best present your arguments to the appellate courts. Attorney Chance is extremely skillful in applying and arguing the applicable law to the record in your case in a powerful, to-the-point writing style that will aggressively present your request for review to the appellate court. Attorney Chance’s experience at oral argument before various appellate courts allows him to effectively interact with the appellate judges who can sometimes be intimidating to inexperienced appellate counsel.
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