I was told in my situation I'm encountering that a appeals attorney is helpful. What are their jobs, duties, and goals?
An appeals attorney is more focused on "pure law" than a trial attorney and more typically more adept at legal research and writing. The difference is evident in the focus of each. A trial determines the facts of the case, and then the law is applied. An appeal assures that the process and law were properly applied in the trial court. There is, for the most part, no new evidence on appeal.
You ask a very broad-based question. Being more specific would be helpful to answering what you want to know. Your question is the basis for a consultation, to discuss your "situation" in private.
I responded an an online ad on Backpage last night and I got a response after 2 messages that my number was recorded for solicitation for police. There was no talk of sex or rates or arrangement or meeting. I told her she looked great, and asked ...
You are addressing a potential criminal matter which should be discussed in private with a criminal defense attorney, not on the Internet. This is not a telecommunications issue. Get out in front of any potential problem by consulting a criminal defense attorney immediately. A criminal complaint may be in process for all you know. On the other hand, the message may have been a hoax. It is best to err conservatively and assume the worst.See question
My neighbor has abandoned his property since 1990. After realizing that no one was cleaning the overgrown land located in one of Boston's neighborhood, I installed a gate (which is kept locked) between both properties to keep out unwelcome trespa...
Contact a lawyer for a consultation because there are likely many significant legal issues involved. For example, if nobody has paid taxes on the land in over twenty-five years then the land may be owned by the government or somebody else. There is also the possibility that the land could become yours, along with the obligation to pay back taxes. These, and many other important considerations must be investigated.See question
I live in a condo in Newton Ma. And my upstairs neighbor is doing laundry from 2-6 am. The machines are very loud and make noise. I am unable to sleep. Do I have rights as a condo owner and what should be my approach to solve this problem. I belie...
Have you tried talking with your neighbor to discuss your concerns and negotiate a solution? If that did not help, have your brought the situation up with your condo association?See question
I read on here that in Massachusetts there is only a 30 day time frame to request an appeal of the trial? The comment states that the appeal request has to be made within 30 days of the "Docket Date", not the verdict date. What is the Docket Date?...
Unlike what you experienced in the trial court, appeals strictly follow the rules of procedure. Obtain advice from a experienced appeals attorney.
The docket date is the date on which the judgment is entered into the court's computer records. Beware, the Probate & Family Court does not docket judgments like most courts! The docket date will be on or after the date on which the judgment was signed by the judge. I have seen docket date days, weeks, or months after the date on which the judge signed the judgment. The way to find out it to contact the clerk of the court in which the judgment issued.
The docket date is critical to filing a notice of appeal. Filing a notice of appeal before the docket date nullifies the notice of appeal. There must be a notice of appeal filed on or after the docket date. It is best to file too many notices of appeal than to miss the one that mattered.
The notice of appeal should simply state the judgement being appealed and not the issues for appeal. The appeals attorney decides the issues for appeal after reviewing the trial court record (including the trial transcript). Although your trial attorney was at the trial, their memory of what happened is meaningless to the appellate court. The actual transcript of what occurred is what the appellate court reviews.
There are three periods in which to file a notice of appeal. The first option, as a matter of right, is the best option; it shall be filed with the clerk of the lower court within thirty days of the date of the entry of the judgment appealed from. If you miss that deadline then you must request permission to file a late notice of appeal (which the court may deny). There is an additional thirty day deadline to request such permission in the trial court. If you miss that deadline then you can petition the appellate court for permission to file a late notice of appeal up to one year of the docket date of the judgment appealed from. The key here is that there must be an acceptable reason for your delay. Hence, the court can deny your request to file late.
An appeal is a review of what occurred in the trial court. It is not a new trial.
You state that there was evidence that was not presented in the trial court. It is not available to the appellate court unless it enters through the trial court. There are motions that may be filed post-trial and post-judgment to get the evidence before the trial court so that it can be viewed on appeal. There are specific rules, procedures, and deadlines for taking such action.
You would be best served by hiring an attorney who is experienced at what you need.
I know it isn't easy to appeal and be successful. I'd like to know if the legal custody awarded to my ex wife can be appealed and if it can be proven she lied during the trial and also has outright refused to give coparenting a chance, if there's ...
I have won such cases on appeal. But these cases are very fact specific because of the level of deference given to the trial judge and the fact that credibility is assessed by the trial judge. Much more information is required to assess the case for appeal. There is only thirty days from the docket date (not the date on the judgment) in which to file a notice of appeal as a matter of right. After that permission must be sought. The first question is whether you were represented by an attorney at trial.See question
Hello - i have a hearing in 2 weeks on an anti-SLAPP attorney fee award. It has already been awarded against me, for approx $50k, so the hearing is to determine the exact *amount* of the award. ..... Post-hearing, how do i then get the entry of ju...
Have you considered hiring an attorney before the situation gets worse?See question
After a trial in the Superior court the other side appealed and we cross appealed. It looks like our lawyer did not appeal all the issues . The 30 day deadline has passed. Can we add more issues to our cross appeal?
I see this from time to time and cannot understand why it happens. A notice of appeal should not limit or state the issues for appeal. All that a notice of appeal should do is state that the party seeks to appeal a judgment of the court and reference that judgement with particularity (i.e., date of judgment). If the notice of appeal went further to state the issues for appeal then that premature declaration can be corrected by filing a new notice of appeal. There is the initial 30 days from the docket date of the judgment being appealed to appeal as a matter of right. Then there is another 30 days in which to ask the trial court for permission to file a late notice of appeal. If that deadline is missed then permission to file a late notice of appeal may be sought in the appellate court up to one year from the docket date of the judgment for which appeal is sought (the sooner the better!). The appellate court is very different from what you experienced in the trial court. There are entirely different rules and procedures. As was stated earlier--it is not a new trial. An appeal is a review of what occurred in the trial court. An attorney experienced in appellate litigation will likely be best prepared to handle an appeal.See question
Pro Se litigant here. I am the Appellant in a 209A case scheduled for appellate oral argument next month. The other side not only has a weak case, but they committed perjury in the trial court, AND, their attorney suborned perjury and committed a ...
Impoundment in the appellate court typically follows the impoundment in the trial court. For example, was the applicant's address impounded? Is there ongoing litigation in the trial court that may have recently impounded information relevant on appeal? Impoundment can also originate in the appellate court.
You are seeking Rule 11 sanctions in the trial court? Rule 11 does not apply in the appellate court because it is a trial court rule.
Accusations of perjury are serious. You need actual proof.
The appellate court is unlike the trial court. The rules and procedures are completely different. Oral argument is nothing like a trial court hearing. It is really too bad you decided not to employ an experienced appellate attorney.See question
For the last 18 months I have been receiving the amount of money that was determined by SSDI. All od a sudden I get a letter saying they made a mistake and are now asking me to pay back @3,000 dollars. I am going to appeal based on their 2 criteri...
Your question should be directed to a Social Security Disability lawyer, not a general appeals attorney. Social Security Disability appeals are administrative and rely upon the applicable Social Security regulations. You indicate that you have been awarded SSDI and have been receiving benefits, but Social Security is reducing your monthly benefit due to your financial status (having a roommate. If your SSDI benefit is actually SSI based, then your financial resources are relevant to the financial benefit. There is simply not enough information provided, which is fine because this is a matter that should be discussed with a SSDI attorney during a consultation. Seek out a SSDI attorney to discuss your situation, perhaps the attorney who assisted with your initial award. Beware, there are rather stringent deadlines for Social Security appeals, so act quickly!See question