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As a general opinion how much does it help my appeal case if I can prove my landlord lied about everything

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on his paperwork and to the judge including lying about a city inspector being refused entry in the city inspector has never been here although he has now since I called him and he said he would be adding it to his lengthy report. He wrote a personal letter of lies to the judge to get posession a month before court.

Attorney Answers 4


  1. Best answer

    Normally that would be something you would need to prove at trial. On appeal, you don't get to retry your case, you only get to appeal errors that the court made. And you need to have a transcript of any hearings in order to be able to effectively do that. I would not suggest you try to appeal without a lawyer.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******


  2. Probably not at all. If the showing you plan to make depends on matter that was not presented to the trial court you cannot use it all on appeal. If, on the other hand, the trial judge was aware of this evidence and nevertheless ruled against you, the appellate court will defer to the trial judge's findings of fact and determinations of credibility, so you would lose on that issue. It would be a most unusual case where the kind of showing you seem to have in mind would do you any good.


  3. I do not believe the other lawyers answering this question are licensed in VA and some of the information here is specific to Virginia. If your first trial was in General District Court and was in Virginia, then your appeal will be a de novo appeal to Circuit Court. THE ENTIRE CASE WILL BE HEARD ANEW - as if it was never heard before. I always recommend hiring a lawyer for a case in Circuit Court because it is far more procedurally strict than in GDC.

    That said, any evidence you have to refute the testimony of the landlord should be used. You should also ask the Court Clerk to subpoena the city inspector. Rules of evidence are very strict, so please do yourself a favor by at least meeting with an attorney to determine what may or may not be admissible at a minimum.

    Please note that this response is based upon the limited information available in the question. In addition, it is not intended to create an attorney/client relationship and is offered only as general information and not as legal advice.


  4. As Attorney Allen identified, if you were in VA GDC you can appeal de novo to Circuit Court--that means a new trial, a new chance to tell your story to a new judge with all your evidence. HOWEVER, Circuit Court is NOT a relaxing place to present your facts--all evidence must comply with strictly enforced rules, procedures are exacting and in Virginia, very strictly enforced. If you take some procedural step in the wrong way--case is over. You really must consider an attorney if you are headed to CC. Best of luck to you.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.