Los Angeles Appeals Attorneys

Posted by jackeric on November 16th, 2015

Los Angeles Appeals Attorneys: Everything You Need To Know

The general rule regarding appeals is that one cannot appeal until the final judgment on a case is recorded. To put in simpler terms, you have to wait until your trial court case is over before you can appeal. Of course, exceptions do apply in some cases and these are explained below.

When do you have to file an appeal?

The deadlines for appeals vary depending on jurisdiction. But generally, you’ll have 60 days from entry of a State Court judgment, and 30 days from entry of a Federal Court judgment (consult a lawyer to verify these deadlines in any legal matter). It’s important to consult with a Los Angeles appeal attorney about the possibility of an appeal as soon as the ruling on your case is made allowing for the proper posturing of an appellate case. Time is of essence when it comes to filing an appeal.

How long does an appeal take?

This usually depends on the backlog of the particular court in which the appeal is heard. Appeals in Los Angeles courts can take less than a year to resolve but the average length of appeals is 12-16 months from start to finish. However, federal appeals can take longer, probably more than two years, to resolve. Beyond court backlog, the appellate briefing process is lengthy and one should expect the appeal alone, with oral argument, to last about one year.

Is there a way to get the appellate court to cancel a preliminary hearing?

Even when a trial case is still pending, certain decisions may be addressed by a Court of Appeal in a procedure called a writ of mandate. These are defined by statute. Where an interim decision can’t be appealed, one can file a writ petition to challenge it.However, many writ petitions are rejected without being offered the chance to argue in court and an explanation may not be given. You can still have your lawyer obtain an appellate review, either through a write petition or appeal, if you feel that the decision of the court will put you at a disadvantage during the period of the trial. Failure to file for an appellate review promptly may waive your right to an appeal or make it impractical at the end of a case.

How is an appeal different from a trial?

Los Angeles appeals are decided by three justices. The decision made highly depends on written submissions from briefs and written records of court proceedings during the trial. Appeal hearings don’t require introduction of evidence, witnesses, a jury or even a trial. Those who file briefs can make oral arguments in Los Angeles appeal courts.

Considering that your lawyer is an expert in your particular type of case, why switch attorneys for the appeal?
Having knowledge in a particular area of the law is not a guarantee that your lawyer is great with appeals. This is because the skill set required for appeals is entirely different from that of trials. If your attorney is experienced with trials and appeals as well, there is no need to switch lawyers. If not, switching your trial lawyer with a Los Angeles appeal attorney is something you may choose to consider if your lawyer doesn’t have experience with appeals.

The Los Angeles Appeals attorneys at Kassouni Law have extensive experience representing appellate clients throughout the state of California often collaborating with trial attorneys to ensure a streamlined process for clients as cases move into appeal. If your trial case has reached a conclusion and you’d like your legal matter evaluated by the Los Angeles appeal attorneys at Kassouni Law give them a call at 877-770-7379.

To know more information, visit the website - www.kassounilaw.com