Image description

Appellate FAQs

What is an appealable judgment?

Only final judgments can be appealed, unless an exception applies.  A final judgment resolves all the issues present at trial.  Exceptions include constitutional issues, subject-matter jurisdiction issues, and a plain or fundamental trial court error.

What is an appeal?

When a party is unhappy with a trial court’s decision, he or she has the right to appeal.  During an appeal, a higher court reviews the decision of the trial court.  An appeal is the formal request for an appellate court to change the official decision of a lower court. 

Do I have the right to appeal the trial court’s decision?

Yes, you have the right to appeal the trial court’s decision so it will be reviewed by a higher court.  If you have an adverse court decision made against you, you are the party with the right to appeal.   Business entities, corporations and government agencies have the right to appeal adverse decisions against them as well.  This right of appeal is guaranteed by the U.S. Constitution and the Nevada state constitution.

The court won’t make a decision, what remedy do I have?

If justice is being denied because the court won’t move forward, a higher court can issue a “writ of procedendo” which orders a lower court to render a decision.  The writ doesn’t tell the lower court how to decide the case, only that a decision must be made. 

If the losing party isn’t happy with the outcome of the case, he or she can appeal to have the actual decision reviewed by a higher court.

image description