Wednesday, August 13, 2008

How to Appeal Any Case

So you went to court, put up a good fight but lost anyway. Don't give up yet. Whether it's a traffic ticket, a small claims suit or a civil action, you can always appeal. Here are some tips to help you appeal any case.

http://www.freewebtown.com/howtodothing/legal/3.htm#2


Step1
Review the record. If there was a transcript of your court case or hearing, request a written copy. Look it over for any errors. It is possible that some objections the judge or decision maker overruled were incorrect or some evidence was admitted without proper foundation. Appeals must usually be based on errors of law.


Step2
Research the rules for appealing your particular matter. There will be different procedural rules governing the appeals process depending upon the type of case you have. Familiarize yourself with these rules to ensure you don't miss any important deadlines or fail to follow proper procedure for appealing your case.


Step3
Draft the appeal. State clearly the reasons why the decision was wrong relying on the errors you identified when reviewing the transcript. Don't stray outside the matters dealt with in the previous case or hearing. Explain, clearly and in detail, why the decision was wrong based on the record and exhibits at hand. Finish your brief by asking that the previous decision be overruled or the case remanded for further proceedings.


Step4
Follow any additional instructions given to you. After filing your appeal, you may have to appear in court to argue your case. Often, the opposing party will file an opposition to your appeal and you will have to respond to the arguments made against you. Follow all instructions given to you by the court or whatever body is deciding the issue to make sure you don't miss any important court appearances or deadlines.

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