Nevada Appellate Lawyer
You likely have heard the term, “appeal.” In appellate law “appeal” means that the losing party in a trial has the right to have the trial court’s decision reviewed by a higher court. That higher court is a court of appeals. The appeals system provides a check and balance on the power of judges and juries; higher courts have the authority to overturn decisions made by lower courts which it considers to be erroneous, inappropriate, or unconstitutional.
“Appellate law” consists of the rules and procedures by which courts of appeals review lower court judgments. It may also be called the “appeals process” or “appellate procedure.”
Appellate Law Attorneys Focus Appellate Arguments
Appellate law attorneys focus their practice on appeals. This means that the litigation is focused solely on evidence presented to the trial court. Because no new evidence is presented, the appeal is decided mostly on the written briefs. No new discovery is conducted and no new evidence is provided.
Appellate lawyers handle issues of writs of habeas corpus (Habeas Corpus Act), posting and challenging appellate bonds, writs of restitution, writs of quo warranto, writs of execution, writs of procedendo, writs of prohibition, writs of supersedas, writs of administrative mandamus, writs of mandate, writs of certiorari, and other forms of discretionary relief, post-verdict motions, pursuit of further relief on remand, and other issues.
Appellate Law is Procedure Based
Appellate law is procedure based; it deals mostly with determining which judgments are appealable, the procedure for bringing appeals, and the determination of the standard to reverse the lower court’s ruling.
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.
The party who appeals the decision of a court is the appellant.
The person who agrees with the trial outcome is the “appellee.”
An appellate court is the higher court that reviews the decision of a lower court, when the losing party files an appeal.
“Habeas corpus” means “let go of the body.” Habeas corpus writs are filed to have a prisoner brought before a judge or into court.
Writ of Supersedeas
A writ of supersedeas is filed by an appeals court to stop a lower court from enforcing its judgment, pending the review and final decision of the appeals court (or until further notice.) The term “writ of supersedeas” actually means “you shall desist” in Latin.
A writ is a written order.