To provide for checks and balances in the American court system, plaintiffs and defendants who disagree with an initial ruling at the trial court level can appeal to higher courts. Appellate courts exist to give the losing party a chance to have a verdict overruled. In many cases, it’s a smart idea to consider hiring a specialty New Jersey appellate lawyer who knows the ins and outs of the New Jersey Appeals process. Think about it like this. Would you want your family physician performing a complicated heart surgery on you? Not a good idea. Hiring a New Jersey appellate lawyer is encouraged to make the odds of winning much more favorable.
When Are Cases Brought to The Appellate Court?
Whether you are the party who initiated a lawsuit (the Plaintiff) or the one accused (the Defendant), you will get a verdict after undergoing a court trial. Once this verdict is finalized, a court order that officially proclaims the result will be issued.
In many cases, you or the other party might be unhappy with the final decision made by the court or the jury. If this happens, you can challenge this decision by going to the higher court. In Federal court, this is called the Court of Appeals. Filing for an appeal is an absolute statutory right. At the state level, most states have appellate courts as well. Out of 50 states plus the District of Columbia, 42 have intermediate courts of appeals. In New Jersey, the Appellate Division is composed of 32 judges who sit in two and three judge panels chosen from parts consisting of four judges. The Appellate Division decides approximately 6,500 appeals and 10,000 motions each year.
Typically, appellate courts review civil and criminal proceedings from lower courts. They do not review the case facts but instead review whether the lower courts have fairly applied the law in these cases. Appellate courts may dismiss an appeal when they agree with the decisions made by the lower court or affirm an appeal and send the case back to the lower court.
An exception to this rule of the appellate court not judging the facts is when a summary judgment motion is appealed. In New Jersey, appellate courts will examine the facts in the case of a summary judgment ruling through fresh eyes. The standard of review is considered “favorable” to the party appealing the ruling given the ability to review the evidence from a new perspective.
Technicalities in Trial Court vs Appeal Court
Trial courts make decisions about a case through evidence presented, arguments made, and witness testimonies. Moreover, a single judge presides over an entire case trial and rules on the case alone. On the other hand, appellate courts typically will accept the facts of a case as decided upon by the trial court. They only decide whether the law applied is correct, whether there is enough evidence to declare a finding, or if the judge made an error in denying a request to present evidence. In appellate courts, cases are not decided by one judge but are decided by multiple judges at once.
Perhaps we can say that appellate courts make far wider and impactful decisions than trial courts in that their judgment on a particular issue must be reflected in the decisions of future trial courts. In the legal world, precedent established by higher courts is known as stare decisis. Appellate courts have a fundamentally different function than trial courts, and parties are advised to hire an appellate lawyer given the specialty of issues reviewed.
What Makes an Appellate Lawyer Different From a Trial Lawyer?
Trial Lawyers
The initial stage of cases are handled by trial lawyers. These attorneys then carry out preliminary investigations and handle any pretrial matters all the way to trial. They are the ones who manage the intricacies of a case.
- Researching past trials that are relevant to the case
- Contacting witnesses and taking depositions
- Presenting evidence and arguing motions
- Persuading a jury of the case facts and presenting evidence
Appellate Lawyers
On the other hand, the role of your New Jersey appellate lawyer is to convince a group of judges that an error was made in the lower courts. An appellate attorney’s job revolves around meticulously researching previously decided cases. Your New Jersey appellate lawyer’s duties include:
- Reviewing the trial transcript from the lower court
- Drafting persuasive briefs directed to the appellate court that explain the errors of the lower courts, and these briefs have very specific requirements and formatting.
- Not all lawyers are trained to do appellate work, nor do they want to do appeals work.
- Making your case through oral advocacy in front of a body of appellate judges
So Why Hire An Appellate Lawyer?
- Court Trust. Appellate lawyers have great credibility in appellate courts. Appellate judges trust these lawyers to understand their jurisdiction process. Hiring your trial lawyer for your appeal may not be the best choice as they may already be too invested in the case and develop “tunnel vision” or the tendency to fixate on arguments they’ve made in trial. Appellate lawyers offer a fresh and impartial perspective into the case.
- Specialization in Appeals. Appellate lawyers specialize in the language of the appellate courts including what are their standards for making decisions, what type of errors were made, and which ones can make or break the appeal.
- Complexity of Brief Drafting. Unlike trial lawyers, appellate lawyers only have a limited amount of time to present issues to the panel of judges.
They are usually given one or two chances to present the significant details of a case to the judges. Given the short amount of time, the written briefs presented to judges are almost more crucial than the lawyer’s oral advocacy skills. Whichever party has the most persuasive and compelling arguments in their briefs will come into the appellate hearing with the judges on their side. - Oral Advocacy Skills. While written skills are the most crucial part of an appeal, the oral advocacy skills can be thought of as what could sway or close a decision a certain way. Unlike prepared speeches that trial lawyers typically might prepare, an appellate lawyer must be prepared for constant back-and-forth and interruption through questioning from a panel of judges. Appellate lawyers specialize in the ability to present concise arguments and answering breakneck questions from the judges within only 10-30 minutes.
I have a proven track record of success with New Jersey civil appeals throughout the state. I’m ready to help you evaluate your appeal and see it through to the end. Call me to discuss your situation at 201.342.1700.
