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Frequently Asked Questions About Civil Appeals

Last updated on June 14, 2024

Appeals can ensure justice is fairly served. In business litigation, understanding the civil appeals process can make a huge difference in the outcome of a case. Here are the questions I hear at The Law Office of John A. Fialcowitz, LLC, most often:

What are appeals?

An appeal is a legal process in which a higher court reviews a lower court’s decision to determine whether there were legal errors that could change the outcome of the case.

In civil appeals, the appellant (the party appealing the case) argues that mistakes in applying or interpreting the law affected the trial’s outcome.

How can I appeal my New Jersey civil case?

You must meet the following criteria to appeal a civil case in New Jersey:

  • Final judgment or order: Usually, you can appeal after a final judgment or order has been issued by the lower court.
  • Arguable legal errors: You must provide evidence that gives grounds for appeal, showing that your case’s trajectory could have been different.

With the help of a business litigation attorney, you can better evaluate your case and determine the viability of your appeal.

What is the difference between a state and federal appeal?

State and federal appeals have several distinctions, including:

  • Procedural rules: Each system has its own rules governing how appeals are filed and processed.
  • Jurisdiction: In New Jersey, state appeals go to the Appellate Division of the Superior Court, while the United States Court of Appeals hears federal appeals for the Third Circuit.

It is important to know these differences, as the procedural requirements and legal standards may vary.

How can one prepare for an appeal?

It is important to remember that an appeal is not a new trial. Preparing for an appeal involves:

  • Collect all documents related to the original trial, including transcripts and court orders
  • Keep comprehensive notes on the trial proceedings and any potential legal errors that occurred

You should also consult an appellate attorney to help ensure your case is presented clearly and effectively.

Call Me Today

At The Law Office of John A. Fialcowitz, LLC, I offer personalized legal guidance for clients in Morristown, New Jersey. Call 973-813-7227 or contact online to schedule an initial consultation.