Experienced Assistance With Civil Appeals
Civil appeals are different from criminal appeals in that they are more discretionary for the parties. While you may have lost at trial, you must carefully consider the elements of an appeal. Appeals are complex, and you likely have invested a great deal in prosecuting or defending your position at trial. You now must determine if it is cost-effective to risk an appeal.
I’m Kenneth White, founder of the Law Office of Kenneth R. White, P.C., and I have more than 30 years of experience with appellate matters. I can help you address these difficult questions and engage in the legal calculus necessary to weigh your prospects with the court of appeals against the costs involved. You and your client need to consider the timelines for your appeal; these are always short, so you cannot delay.
Likelihood Of Success On Appeal?
Additionally, you need to decide if the appealable issues are significant and determine your client’s likelihood of success on these issues. I can advise you on these matters, as I routinely appear before the Minnesota Court of Appeals and Minnesota Supreme Court and am familiar with the recent decisions and the courts’ recent rulings on many matters. I can provide the perspective needed for your matter and provide an objective opinion on the viability of your prospects.
Not A Retrial
An appeal is not a retrial. Instead, you ask the reviewing court to fix “errors” that occurred in the trial court. In many cases, the process of the appeal actually begins in the trial court. Because the appellate court does not hear witnesses or take new evidence, you must meticulously preserve error during the trial.
A trial is a very complex matter, and it’s not surprising that trial courts make mistakes. An appeal is your one and only chance to correct those mistakes in your case. If your motions or other elements of your cases were subject to erroneous rulings, you must object carefully and precisely. You also must be sure it is accurately reflected in the trial record because this is what the appellate court will be looking at during your appeal.
I am well acquainted with the standard of review the appellate court will apply and can advise how that may affect your case’s chances on appeal. I can also help you refine your appeal to promote your strongest issues.