A civil judgment can be appealed though there are certain steps that need to be followed:
- Right to appeal
- Either party has the right to appeal the final judgement in a civil case.
- Interlocutory appeals are appeals before a case is fully resolved and are used in some circumstances
- Time constraints
- There is typically a 30 day time constraint from the entry of judgement to get the appeal filed. If you miss the deadline, you are giving up your right to appeal.
- Grounds for appeal
- In order to appeal, you must show that a legal error affects the outcome of the judgment. This includes:
- Misinterpretation of the law
- Improper jury instructions
- Exclusion of evidence
- Abuse of discretion by the judge
- New evidence or being dissatisfied with the result is not enough
- In order to appeal, you must show that a legal error affects the outcome of the judgment. This includes:
- The appeals process
- The appeals court reviews the original case
- Both sides submit written briefs and oral arguments if they choose.
- The appellate court can affirm the judge, reverse it, or send the case back to trial court with instructions
- Cost and consideration
- An appeal is expensive and time consuming
- The original judgement still may be enforced