Tuesday, April 8, 2014
If you are considering appealing a family law case.....
Appellate planning starts in the trial court.
All good trial lawyers are conscious of “preserving the record” in the event of an appeal. It is vital to have a court reporter at trial in order to do this. A court reporter’s job is to record the proceedings, including all of the witness testimony and the comments by the attorney’s and the judge. In the event an appeal becomes necessary, the court reporter prepares a transcript, which is given to the appellate court as part of the appeal. The appellate judges review the transcript as part of their consideration of the appeal. Without a transcript, it is much more difficult for the appellate judges to determine errors in the trial court. Since the person appealing needs to convince the appellate judges of an error in the trial court, the absence of a transcript can be fatal to the appeal.
Certain issues need to be raised in the trial court or they are waived on appeal. This means that if an issue is not raised at trial, one cannot raise the issue for the first time on appeal. For example, if the issue at the hearing only involved the question of the modification of maintenance, one cannot complain on appeal of a child support issue.
Also, trial court mistakes must be brought to the attention of the trial judge or they are waived on appeal. For example, if the judge considers improper evidence, and no objection is made at the time of the trial, the impropriety cannot be raised for the first time on appeal. It is vital that all errors be properly preserved in order to raise the issue in the appellate court.
Appeals are very time sensitive. One only has a limited amount of time after the entry of a final order to file the appeal. In the event an appeal is considered, action will need to be taken right away in order to meet the strict time requirements.
Appellate law is very complicated and success often depends upon good planning.
The Peskind Law Firm has substantial experience at both the trial and appellate court. Mr. Peskind is available to consult concerning appellate planning in the trial court and all other matters related to an appeal. If you are considering an appeal, Mr. Peskind will evaluate the appeal and explore opportunities for a successful result. Contact him at email@example.com or call the Peskind Law Firm at 630-444-0701.