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What to know when filing an appeal

When filing an appeal, a person must know the success rates, the needed grounds and the determinations that can be appealed.

When Nevada residents are unhappy with the outcome of a trial, they may be able to file an appeal. This is a legal procedure that causes a case or an order to be reviewed by a higher court to either change or uphold the original findings of the lower courts. According to the United States Courts, there were 53,266 total appeals filed over the course of a single year in the country. Over half of the filings were for civil disputes, which includes 13,723 prisoner petitions, 11,851 private cases and 2,678 U.S. cases. Before a person decides to start the appeal process, it may be helpful for him or her to learn more about this legal procedure.

What is the success rate?

Not all applications will be successful. In fact, not even 9 percent of the appeals that were filed in a single year resulted in the reversal of a judgment. In the U.S. civil courts, only 4.2 percent of the verdicts were reversed by the filing of a petition, but 14.2 percent of the private civil cases were reversed and 4.6 percent of prisoner petitions were reversed. Even if the appeal is approved, it does not guarantee that the outcome of the proceedings will be any different. It simply means that there will be a retrial.

Are there grounds?

Not every verdict can be appealed, so anyone interested in making a petition has to ask him- or herself whether there are the proper grounds. There has to be a reason for the appeal to be filed other than not being happy with the outcome of the trial. Typically, there has to be some sort of error. If the outcome goes against a previous Supreme Court ruling, for example, there may be a potential for an appeal. Other common reasons for filing a plea include missing evidence or dealing with a public policy issue.

What can be appealed?

Not only can appeals be made on the final judgment, but this action can also be taken over other determinations during the legal procedures, including the following:

  • The location of the trial
  • The motion for a new trial
  • The inclusion of an attachment
  • The appointment of a receiver

During a civil litigation, a person may want to make a petition about a certain order before the final judgment is made to increase his or her chances of a positive outcome. While an appeal may increase the length of a trial, it can lead to an ideal determination.

Many civil trials in Nevada may require an appeal to be filed in order to get a positive outcome. No matter what type of appeal is needed, it may be beneficial to work with an attorney familiar with this legal procedure.

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Law Offices of P. Sterling Kerr, P.C.
2450 Saint Rose Parkway Suite 120
Henderson, NV 89074

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