What is an appeal?

An appeal is a challenge of a judgment that was rendered by a state or federal trial court.

Appellate courts neither retry these cases nor hear new evidence. Rather, they review a judgment to make sure that the proper procedures were followed and the proper law was applied based on the record created before the trial court.

If the three-judge panel decides that there is no defect, it can affirm the judgment of the trial court. If the panel finds a defect, it can modify or nullify the entire judgment, or any part of it.

If you are a party at the trial-court level, and anticipate that an important case will be appealed, it makes sense to call upon an appellate specialist to evaluate and monitor your case at trial.

Only someone who knows what to look for at this phase of the process can watch for pertinent issues and make sure that the trial-court record will support your needs on appeal.

If you are the appellant in an appeal, and you want to understand your chances for successfully appealing the judgment reached by a trial court, you need the unique perspective of an appellate specialist in order to evaluate the likelihood of success. Realistically speaking, only 20 percent of cases succeed at appeal.

If you are the appellee in an appeal, and you want to maximize your chances of successfully defending an appeal, you also need the unique perspective of an appellate specialist.

In an effort to manage caseload and control costs, all appeals to the 10th Circuit Court of Appeals must first proceed through the Circuit Mediation Office, which attempts to resolve the dispute. Hall & Evans’ appellate attorneys regularly represent clients in this process, and they personally know and have developed a good relationship with the three mediators.

In cases where an appeals-court decision could have broad implications for an industry, interested parties often ask the court for permission to file an amicus curiae (friend of the court) brief to make sure that certain issues are considered. Hall & Evans’ appellate attorneys regularly draft amicus curiae briefs on behalf of interested parties, especially insurers, self-insured companies, and public entities.

Hall & Evans also serves a number of well-known insurance providers and self-insured companies as appeals panel counsel within this jurisdiction.