If your business is considering appealing a federal court decision, it’s natural to feel overwhelmed. Appeals are very different from trials and many business owners make critical mistakes simply because they don’t know how the process works.
Here are some of the top mistakes to avoid in federal appeals.
1. Missing the Filing Deadline
Federal appeals are all about deadlines. In most cases, you only have 30 days from the judgment to file a notice of appeal. Miss it, and your case is over before it even begins.
2. Thinking the Appeal Is a Second Trial
An appeal is not a “do-over.” You can’t bring in new evidence, call new witnesses or retry the case. Appeals focus strictly on whether the trial court made legal errors that changed the outcome. Going in with the wrong expectations is a recipe for disappointment.
The written briefs are the heart of any federal appeal. Judges rely heavily on them to make their decision. A weak or rushed brief can sink your appeal, while a strong one can make all the difference.
4. Ignoring the Record on Appeal
The appellate court reviews the record from the trial court - nothing more, nothing less. If key documents or objections weren’t made at trial, they may not be available on appeal. That’s why it’s essential to understand that appeals are limited to what’s already in the record.
Federal appeals usually take a year or more, though in some straightforward cases they may move faster. They also require significant attorney time, research and writing. Businesses often underestimate the commitment required and are caught off guard by the expense and the wait.
Not all trial attorneys handle appeals, and not all appeals attorneys are familiar with federal court. Choosing a lawyer without federal appellate experience can hurt your chances of success.
Federal appeals are high-stakes, high-pressure situations. Avoiding these common mistakes can mean the difference between moving forward with your business or being stuck with an unfavorable judgment.
If your business is considering an appeal in federal court, don’t wait. Call us today at (415) 633-6841 or email us at Info@BendLawGroup.com.
We’ll explain your options and help you protect your business.
This article discusses general legal issues and developments. Such materials are for informational purposes only and may not reflect the most current law in your jurisdiction. These informational materials are not intended, and should not be taken, as legal or tax advice on any particular set of facts or circumstances. No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. Bend Law Group, PC expressly disclaims all liability in respect of any actions taken or not taken based on any contents of this article.
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