A New Jersey Appeal Lawyer Helping Attorneys and Litigants Get the Right Result
A saying among lawyers is, “hard cases make bad law.” The meaning of this aphorism changes based on context, but it touches on an important reality when it comes to litigation: going to trial involves risk. Whether your case is tried in front of a jury or a judge, at the conclusion of your trial, one side must win, and one side must lose. If the outcome of your case was certain, it likely would have settled prior to going to trial. Thankfully, litigants always have the right to appeal. However, pursuing an appeal requires a unique set of skills and considerable knowledge of the law. For these reasons, non-lawyers are highly unlikely to succeed on appeal without the help of an attorney who has considerable experience in handling appeals. If you are unhappy with the outcome of your trial, New Jersey appeal lawyer Daniel P. Silberstein can discuss whether you should consider pursuing an appeal.
When Your Case Should Be Considered for Appeal in New Jersey
In the state of New Jersey, you generally cannot pursue an appeal until the trial court has entered a final judgment (unless the appeals court grants special permission). Most often, you will appeal decisions made concerning legal issues in your case. In certain very narrow cases, you can appeal a judge or jury’s decision as to the facts. But, it is extremely difficult to win that kind of appeal.
In your appeal, most often, you will essentially be arguing that the court’s application of the law to your case resulted in the wrong outcome. For example,
- The court improperly dismissed your case on summary judgment and improperly denied you a trial;
- The court barred the introduction of evidence at trial that would have resulted in a different outcome;
- The court allowed evidence to be introduced that biased the jury
There are many other bases for filing an appeal, such as misconduct by one of the attorneys or a witness committing perjury. But, ultimately, determining whether you have a valid basis for an appeal requires a complex and careful analysis of the entirety of the trial court’s proceedings.
It is also important to recognize that the difference between “winning” and “losing” in your case isn’t always necessarily clear. For example, the court may have ruled in your favor but improperly refused to award any attorney’s fees that you have the right to seek. In that situation, appealing the result may result in an award of attorney’s fees that should have been awarded at the trial level.
If you believe your case was wrongly decided at trial, New Jersey appeal lawyer Daniel Silberstein can review the proceedings and identify potential issues you could use to build your appeal.
Let Us Help You Navigate the Appellate Process
The appeal process has its own set of procedures and rules that must be followed in order to file an appeal successfully. At the conclusion of the process, your case will be decided by a panel of judges who will hear your case and render a decision.
The process begins with filing a Notice of Appeal once the trial court has entered a final judgment. The Notice of Appeal must be filed within 45 days of the entry of the judgment and served on all parties to the case. Failing to file your Notice of Appeal within this timeframe means that you could lose your right to appeal.
Once the appeal has been filed, the Clerk’s Office of the Appellate Division of the Superior Court will issue a scheduling order setting forth the dates upon which your papers are due. While the trial court’s decision does not bind the appellate court, it should be noted that its review will be limited to only those issues presented. As a result, you must identify all of the legal issues that you want to be reviewed.
Once all sides have submitted their papers, the matter will be scheduled for oral argument. After the hearing, the appellate court may render the following decisions based on what it believes to be the most appropriate outcome:
- The appellate court may affirm the decision rendered a trial;
- The appellate court may order a new trial be held and return the case to the trial court;
- The court may reverse the trial court’s decision and enter a final judgment.
In some cases, the appellate court may require a new trial on specific issues while affirming or reversing the trial court’s decision in other cases.
Contact New Jersey Appeal Lawyer Daniel P. Silberstein Today
Mr. Silberstein is a skilled litigator who understands that attorneys and litigants don’t always get the outcome they want despite their best efforts. If you are facing litigation, it’s important to understand that there are no guarantees. To ease any anxiety concerning the outcome of your case, rest assured that Mr. Silberstein can aggressively pursue an appeal should that become necessary or advisable.
If you feel like your trial ended with the wrong result, we can review your case and determine whether you should file an appeal. Strict time restrictions apply, so you must contact me as soon as possible via phone to schedule an appointment with an experienced New Jersey appeal lawyer who can help you reach the right outcome. Our office is conveniently located in Union County, New Jersey, and we serve clients in Newark, Elizabeth, and more.