08/26/2021
AFTER TRIAL, HOW DO I APPEAL?
When you go to a trial in your divorce, you are putting your case and your future in the hands and mind of the judge. What evidence is allowed and admitted matters. What testimony is allowed and admitted matters. Demeanor and credibility matter. Legal arguments and motions matter. So after all that, you receive a ruling from the judge, entered as a judgment for dissolution of marriage, and you are not happy. There are avenues to look at.
First though, you have probably expended a large amount of money for your trial. Post-trial motions and appeals only increase that cost. However, sometimes, the cost of the appeal of a ruling may be cheaper than the ruling you believe is incorrect. Or, it may be a principle thing; just remember that Courts are not always the best place to argue principles.
Time is of the essence with a post-trial motion or appeal. If you pursue the post-trial motion route, often referred to as a Motion to Reconsider, you have 30 days from the entry of Judgment. 30 calendar days, not 30 business days. If your 30th day is weekend day or holiday, then the motion is due on the first court day following the weekend or holiday. The same is true for filing your Notice of Appeal.
A motion to reconsider asks the Court to reconsider its prior ruling based upon: a) a misapplication of the law; b) a change in existing law; or c) newly discovered evidence that was not available at the time of trial, despite due diligence. It is not a chance to complain that you do not like the ruling and want the Court to rethink its ruling. It is not a chance claim that evidence could not be found if you did nothing to try to find it. The court may hear argument, and possibly testimony (related to newly discovered evidence), or may rule upon motions. If the Court does reconsider, usually the Court will provide modifications to its ruling, unless the Court needs to hear the evidence. Then, the Court would reopen proofs (allow for more testimony or evidence) for its ruling. After the ruling on the motion, you may still pursue an appeal.
If you pursue the appeals route, you begin by filing a Notice of Appeal in the trial court. This must be done within 30 days of the judgment. There are significant steps that then must occur with the Appellate Court prior to even receiving a briefing schedule, such as filing the record, submitting a docketing statement, supplements to the record on appeal. Eventually the Appellate Court will issue a schedule for you to file your brief. The person appealing is known as the Appellant. The person responding is the Appellee. The Appellee files a response brief, and then the Appellant may file a reply brief. The Appellate Court may, but is not required to, grant oral argument. Eventually, considering time deadlines that may exist in appellate court rules, the Appellate Court will issue an opinion, ruling on the appeal.
As you can imagine, the appeals process is not something you should handle without an attorney. Likewise, the post-trial process can be daunting too. I, as well as the attorneys at my firm, are available to discuss any appellate issues you may have.
