You may wonder if you have any way to attain a more advantageous outcome, following to discover your business at the losing end of a ruling. Obvious procedural errors can be easily made from the judge and/or jury. Also, the facts your side presented may not have aligned with their decision. You will want to file an appeal should you feel misconduct or mistakes hampered your case. With this in mind, we at Kajioka & Associates, Attorneys at Law, would like to take the opportunity to help you understand the appeal process in Nevada.
Appeal Process Steps
Hearing out the appeals are both the Nevada Court of Appeals the Supreme Court of Nevada. You will want to file an appeal with both courts to better increase the odds of a reversal. You need to present in a different manner to each court as you explain your reasoning for a reversal in a brief. Based on its broad business law appeal, the state’s Supreme Court is more likely to hear your case. If it focuses on issues that will not set legal precedent, whereas the Court of Appeals may hear it. Filing an appeal does not necessarily lead to your case’s retrial. Rather, to determine whether the ruling was fair, a panel of judges on either court will review your brief and your case’s record. You will also need to prepare a 15-minute oral argument to present to the panel if the Supreme Court reviews your case. Entering new evidence or calling new witnesses is not allowed by the judge. If they determine an error occurred in the first place, they will only reverse a lower court’s ruling in most cases.
What are the Grounds of an Appeal?
In a court of law, appealing based on your dislike of the initial ruling may not hold up. It may have sound legal standing while the judge and jury’s decision might make you unhappy. Filing an appeal makes sense if your ruling had errors however. Common errors include the following:
– The judge or jury making procedural mistakes
– Law misinterpretation
– Your original counsel has incompetence or ineffectiveness
– Application of the law were in inaccurate
– Evidence admittance of that did not support the ruling
– Judicial discretion abuse
A reversal of your case’s original ruling is not guaranteed with an appeal. However, an effective way of taking steps toward a fair outcome is filing an appeal.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
You may want to speak to an attorney about your legal rights and options in the event the ruling in your case be considered on appeal. Especially when you receive a verdict that you feel is unjust, going through the legal process can be extremely overwhelming. Extremely helpful to your situation, an experienced attorney in Nevada law is in your better interest. Answering your questions and assisting you in finding the best option for your case, a lawyer can listen to the details of the situation. Call at Kajioka & Associates, Attorneys at Law and let our professionals assist you in your appeals.