Appellate litigation is the area of the law that follows a case in an appeal from the trial court level to the next step in the court system and beyond. When a party is not happy with the result obtained at the trial court and believes that the outcome was the result of legal errors, then that party has the right to appeal the decision to the appropriate appellate court. At Ginarte, O’Dwyer, Gonzalez, Gallardo, Verchick & Winograd, L.L.P., our appellate division is devoted to appealing rulings for our clients.
If you have received an unfavorable decision at any level of the judicial process and wish to exercise your right to appeal that decision, contact the New York and New Jersey appellate attorneys at the Ginarte law firm today by calling 888-GINARTE (446-2783), or fill out our online contact form to schedule your free consultation.
- Second Circuit Court of Appeals
- Third Circuit Court of Appeals
- New Jersey Appellate Division
- U.S. District Court – State of New Jersey
- Southern District of New York
- Eastern District of New York
- Supreme Court of New Jersey
- Supreme Courts of the State of New York
- State Courts of the State of New Jersey
About the Appellate Process
The appellate process is very different from litigation at the trial level. At the trial level, evidence and testimony are presented in a courtroom and a decision is made by either a judge or a jury based upon that evidence and testimony. At the appellate level, decisions are based on briefs submitted to the court and occasionally on oral arguments made by counsel in support of those briefs.
Contrary to what many people believe, appeals do not typically take into account new evidence or additional facts. In most cases, the appellate courts review the record and the evidence presented at the trial level for errors made during the trial itself. While a party generally has the right to appeal from the trial court to the next level in the judicial process, appeals beyond that level are often available only “by permission,” meaning that the party wishing to appeal must ask for, and receive, permission from the higher court to continue the appeals process.
The Appellate Courts of NY and NJ
At the federal level, cases are first heard in one of the United States District Courts. An appeal from a District Court decision will be filed with the appropriate United States Court of Appeals. New York is in the Second Circuit and New Jersey is in the Third Circuit of the U.S. Court of Appeals. An appeal from a U.S. Court of Appeals goes to the United States Supreme Court, if the Supreme Court agrees to hear it
At the state level, both New York and New Jersey have three-tiered legal systems. In New York, appeals are heard by County Courts or by Appellate Terms of the Supreme Court. Appeals from there go to the Appellate Division of the Supreme Court and then to the Court of Appeals. In New Jersey, cases are appealed to the Appellate Division of Superior Court and then to the Supreme Court.
In some cases, an appeal can be filed in either federal or state court, or both. There are, however, very strict rules for how, where and when an appeal can be filed. Strict adherence to procedures and time frames is required in order to protect your right to appeal. Failing to file your appeal in a timely manner or with the appropriate court can forever bar you from appealing your case.
Contact the NY/NJ Appellate Attorneys at the Ginarte Law Firm Today
If you have received an unfavorable decision from a trial court in New Jersey or New York, you have the right to appeal that decision. However, you must act quickly in order to preserve that right.
Contact the team at Ginarte O’Dwyer Gonzalez Gallardo & Winograd to find out what legal options you may have. With seven offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. Contact the firm today by calling 888-GINARTE (446-2783) for your free consultation, or fill out our online contact form.