Your Trial Lawyer

Can a civil judgment be appealed?​

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 
  • 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

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