Appeals
Why Appeal?
Don’t make the mistake of thinking that you have to accept an unfair or legally incorrect order. Under certain circumstances, it is possible to file an appeal to challenge the final outcome or judge’s decision and seek a more favorable resolution to the case. If you have reached the end of your case and are frustrated or disappointed with the outcome, especially if you believe a legal error has been made, you can consider an appeal.
Jonathan R. Deenik has significant experience with appeals, drafting appeals to both the Indiana Court of Appeals and the Indiana Supreme Court. He can assist you in determining if an appeal is appropriate for you and help you develop a strategy to seek out the resolution you desire.
How Appeals Work
An appeal is not a new trial. Instead, it is a request to have a higher court review the original trial in order to determine whether a mistake was made. No new evidence is introduced in an appeal; it is strictly a review of the original trial.
Once a request for appeal has been made, the appeals court studies the trial transcript, including relevant evidence and testimony. After reviewing all of the applicable details, the court will issue a decision regarding the original ruling. If the appeals court determines that the trial made an error, it may send the case back to the original court for a new trial and instruct the judge to correct specific deficiencies in the original judgment.
While a case is under review, the attorneys representing both sides will spend considerable time preparing meticulous briefs that describe the issues in a case and the reasons why they believe a mistake was made. A family lawyer must have experience and legal knowledge to draft a successful brief. Even so, difficult cases may require additional legal action. If the court of appeals does not rule in your favor, you may be able to take your case to the Indiana Supreme Court.
Before you decide to pursue an appeal, you must weigh several key factors that could influence your choice to challenge a case outcome. It is important that you know these issues before filing an appeal, or you could end up putting excessive time and money into a case that is not worth the effort. Deenik Lowe, LLC, will tell you at any stage of the process whether or not this might be the case.