What is an appeal?
An appeal is a petition for a review of a lower court’s decision. There can be various grounds for the appeal. These include a mistake of law, a mistake of fact, or an error in the process. A mistake of law may mean the wrong law was applied, or that the correct law was applied but in an incorrect manner. A mistake of fact may occur when a new fact is discovered, or when a jury clearly disregards a fact. Finally, a mistake of process may occur when the correct procedure is not followed at the trial level. This may include certain deadlines, disclosure of evidence, or improper action in the courtroom.
An appeal is not to be regarded as a chance to re-do the trial. The appeal is a separate petition and may ask for forms of relief, including to hold a new trial. The appeal itself is a proceeding which uses certain methods to review the actions at or before trial for propriety. The court may then choose to reverse the trial courts opinion, remand for a new opinion, remand for a new trial, or a number of other options. You should discuss with your attorney what options you may have to appeal a decision.
When is an appeal appropriate?
The most common time for an appeal is after a trial and a verdict has been reached or a final opinion given. At this time a party has 30 days to file a notice of appeal. Appeals are only given if filed in the appropriate window. You should discuss with an attorney whether you have a right to appeal an adverse decision when the decision is finalized.
There are other times when an appeal may be filed, and there are times that despite an adverse decision, the appeal is not possible. An appeal may also be filed after verdicts on certain motions. The motion will be one which would irreparably harm you if it is not granted, this can only be determined on a personalized basis. There is no way of generalizing what motions are directly appealable. Additionally, sometimes even though the courts decision is adverse to you, you may not be able to appeal. This occurs when an issue becomes moot, or when your trial attorney failed to preserve an issue for appeal.
To what court will I appeal?
The Commonwealth of Pennsylvania runs a unified court system, the description of which can be found here. Which court your attorney files an appeal in will depend on what court your case originated.
If the appeal is from a local or some state government agencies it can usually be appealed to the Court of Common Pleas. Otherwise the Court of Common Pleas is a trial court.
The Commonwealth Court was created to alleviate the burden of appeals on the Superior and Supreme Courts. This court hears appeals relating to state administrative agencies, state government, and matters involving internal affairs of non-profit corporations.
The Superior Court is mainly an appeals court with petitions originating from the Court of Common Pleas. This includes civil and criminal appeals.
The Supreme Court handles appeals originating from any court, depending on the type of appeal. Some cases are automatically appealed or heard as a matter of right, while for other cases the Supreme Court has discretion whether to hear the appeal.
Who can help me with an appeal?
When the decision you obtained is negative, you may wish to think about appealing the decision. Whether it is a decision by a government agency, a civil trial, or a criminal problem, the process takes time and a lot of writing and research. It is crucial that you contact an attorney about an appeal as soon as possible. Shannon K. McDonald is an experienced attorney who has handled many appeals issues. Talk to your attorney and discuss the possibility of an appeal, and for further information and a free consultation, contact Shannon K. McDonald today.