Civil Appeals Attorney Serving the San Fransisco Bay Area 

Many trial lawyers, even those with reputations for success, focus primarily or entirely on winning in the trial court, leaving the question whether there will be any viable appeal from an unanticipated trial court outcome to be considered later.

The goal of succeeding at the trial court level often results in even experienced trial lawyers waiving or ignoring potentially winning issues on appeal for fear of angering the trial judge. 

But trial courts often issue erroneous rulings, and trial judges are not immune from prejudicial biases. Appellate courts exist to serve as an effective check on the errors that may arise in trial courts.

However, the issues that may motivate an appellate court to reverse a trial court ruling often are issues to which the trial court is oblivious or openly hostile. Sometimes only a rebuke from an appellate court can get the trial judge to recognize and accept the validity of a litigant’s position. 

Appellate courts need and want a trial court record that presents in plain fashion the error they are being asked to address. The Law Offices of David H. Schwartz, INC, has substantial experience making sure that key appellate issues are preserved in the trial court record and presenting those issues to appellate courts without creating unnecessary obstacles to success in the trial court. 

A civil appeals attorney plays a crucial role in ensuring that justice is served by challenging and potentially overturning unfavorable court decisions. For individuals and businesses in San Francisco and the broader Bay Area—including San Jose, Santa Clara, San Mateo, Alameda County, and Oakland—the Law Offices of David H. Schwartz, INC provides invaluable legal assistance in this intricate practice area. 

Understanding Civil Appeals

Civil appeals are legal processes where a party seeks to have a higher court review and change the decision of a lower court. Understanding civil appeals involves recognizing the specific grounds on which an appeal can be made, the procedural steps required, and the strategic considerations that influence the appeal's chances of success.  

Typically, an appeal is not simply a re-trial but a review of the legal issues and application of the law, as opposed to the factual determinations made by the trial court. This means that the appellant must often demonstrate that the trial court made a legal error that affected the outcome of the case.

The Importance of Seeking Legal Advice for Civil Appeals

Legal advice is critical when considering a civil appeal. The appellate process involves stringent procedural rules and deadlines that must be meticulously followed. Missing a filing deadline or failing to present a compelling argument can result in the dismissal of the appeal, regardless of its merits. 

For civil cases, these timeframes can vary significantly depending on the jurisdiction and the specific nature of the case. Generally, in California, a notice of appeal must be filed within 60 days after the service of notice of entry of judgment.  

Failure to adhere to these deadlines usually results in the forfeiture of the right to appeal, making prompt action essential.  

David H. Schwartz provides clients with a clear understanding of the appellate process, outlining potential outcomes and crafting persuasive legal arguments. His experience in handling litigation cases, including civil RICO, business torts, and trade secrets, underscores his capability to manage the intricacies of civil appeals. 

Common Scenarios Requiring Civil Appeals

Several scenarios may necessitate the filing of a civil appeal, including: 

• Erroneous legal decisions: When a lower court makes a legal error, such as misinterpreting the law or improperly admitting evidence, an appeal can address these mistakes. 

• Unfair trial procedures: Issues like jury misconduct, judicial bias, or improper conduct by opposing counsel can compromise the fairness of a trial, warranting an appeal. 

• Inadequate evidence: If the evidence presented at trial does not support the court’s decision, an appeal can challenge the sufficiency of the evidence. 

• Newly discovered evidence: In some cases, new evidence that could significantly impact the outcome of the case may emerge after the trial, justifying an appeal. 

Regardless of the scenario, David H. Schwartz evaluates each case thoroughly, identifying the most compelling grounds for appeal and developing a robust legal strategy. 

The Process of Filing a Civil Appeal: Step-by-Step Guide

Filing a civil appeal involves several critical steps: 

1. Notice of appeal: The first step is filing a notice of appeal with the trial court, which must be done within a specified time frame after the judgment or order is entered. 

2. Record on appeal: The appellant must compile the record on appeal, including all relevant documents, transcripts, and exhibits from the trial court proceedings. 

3. Appellate briefs: Both parties submit written briefs to the appellate court, presenting their legal arguments and supporting evidence. 

4. Oral arguments: In some cases, the appellate court may schedule oral arguments, allowing attorneys to present their case in person and answer the judges’ questions. 

5. Decision: The appellate court will review the briefs and oral arguments, then issue a written decision either upholding, reversing, or remanding the case back to the lower court. 

David H. Schwartz meticulously handles each step of the appellate process, ensuring that all procedural requirements are met and that clients’ arguments are presented persuasively. 

FAQs About Civil Appeals

Q: How long do I have to file a notice of appeal? 

A: The timeframe for filing a notice of appeal varies by jurisdiction, but it should be filed within 60 days from the entry of the judgment or order. 

Q: Can new evidence be introduced during an appeal? 

A: Generally, new evidence cannot be introduced during an appeal. Appeals are based on the existing trial record; however, exceptions exist if newly discovered evidence could not have been obtained during the trial. 

Q: What are the chances of winning a civil appeal? 

A: Success in a civil appeal depends on various factors, including the strength of the legal arguments and the presence of any procedural errors. David H. Schwartz carefully evaluates each case to provide clients with a realistic assessment of their chances. 

Q: What happens if the appellate court remands the case? 

A: If the appellate court remands the case, it is sent back to the trial court for further proceedings, which may include a new trial or additional hearings.