Appeals

Appeals

When you have an outcome at a lower court that you think is wrong, an appeal can be filed to try to fix it. Appeals involve extensive lower court case evaluation, briefing and presentation before a specialized panel of judges.

There are two major types of Appeals: State Appeals and Federal Appeals.
State Appeals go from the Superior Court to the Court of Appeals. A decision of the Court of Appeals may be appealed to the Arizona Supreme Court; however, the Arizona Supreme Court does not have to accept every case that is appealed from the Court of Appeals. Frequently, the Arizona Supreme Court will pass the case over, leaving the Court of Appeals decision intact.

Federal Appeals typically involve matters of federal law or lawsuits between citizens in different states. A federal case may be appealed from the Federal District Court to the 9th Circuit Court of Appeals. From there, a 9th Circuit Court of Appeals decision may be appealed to the United States Supreme Court. The United States Supreme Court is the final word on all cases.

In both federal and state cases, there are certain procedures and deadlines that must be observed in order to preserve your right to an appeal. If you have a decision that you are dissatisfied with, you must act quickly.

If you have met your deadlines, the Appeal can be filed. Once filed, then the lower court record must be gathered, analyzed, and transmitted to the appellate court. The appellate court will then ask the party who appealed to file an Opening Brief. The other party gets a chance to respond, and the initial party gets to file a reply. If the court feels it necessary, they may order oral arguments. After all of the arguments have been presented, the appellate court will issue a decision either reversing, upholding, or modifying the lower court's actions.

If you are interested in contacting Owens and Perkins, Scottsdale business lawyers, regarding an Appeal of a recent federal or state court decision, click here.

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