Civil Appeals Attorney in Tustin, CA

Experienced Appellate Advocacy in Orange County for Over Three Decades

At John L. Dodd and Associates Prof Corp, also known as the Dodd Firm, our practice is unique. We deal exclusively with appellate-level cases and we represent people on both sides of the equation, serving those who wish to appeal prior decisions as well as those who wish to have a lower court ruling affirmed.

Since 1989, we have skillfully handled more than 1,200 appellate cases and have helped many clients bring their legal disputes to a positive conclusion. In addition to being experts in appellate representation, we provide exceptional legal service for a great value.

The Nature of Civil Appeals Cases

“Civil” cases are defined broadly are any cases which are not “criminal,” and include lawsuits concerning:

• Business
• Real estate
• And personal injury matters

Civil cases often involve discovery disputes or other pre-trial rulings which must be brought to the attention of the Court of Appeal by a “writ petition,” instead of an appeal, often involving short time frames in which to effectively analyze the case and present it in a professional manner to the Court.

If a writ petition does not follow precise procedural rules, it generally will be denied “summarily,” meaning with a “one line” rejection. Many experienced civil trial attorneys seek out an appellate specialist when a writ petition is necessary.

What Are The Grounds For Appeal In California?

In California, a civil appeal can generally be filed based on the following grounds:

• Errors of Law: The appellant believes that the trial court made legal errors, such as misapplying the law, improperly excluding or admitting evidence, or giving incorrect jury instructions.
• Abuse of Discretion: The trial court judge abused their discretion in making certain rulings during the trial, such as denying a motion or granting an improper remedy, they may file an appeal.
• Insufficient Evidence: The trial court's decision was not supported by sufficient evidence or that the evidence presented at trial was legally insufficient to support the judgment.

What Is The Process For Filing A Civil Appeal In California?

The process for filing a civil appeal in California generally involves the following steps:

1. Notice of Appeal: The appellant (the party seeking the appeal) must file a Notice of Appeal with the appropriate appellate court and serve it on the other party or parties involved in the case within the specified time frame, typically within 60 days from the date of the entry of judgment. There may be a filing fee to pay.
2. Record on Appeal: The appellant must request a record on appeal from the trial court clerk, which includes relevant documents, transcripts, and exhibits from the original trial. This is important because it will contain all of the information that the court may need to see in order to know what happened in the original trial court.
3. Briefing: The appellant and the respondent (the opposing party) must submit written briefs presenting their legal arguments and addressing the issues raised on appeal.
4. Oral Arguments: The appellate court may schedule oral arguments to allow the parties to present their cases before a panel of judges. However, oral arguments are not guaranteed in every appeal.
5. Decision: The appellate court will review the case and issue a written decision, either affirming the trial court's decision, reversing it, or remanding the case back to the trial court for further proceedings.

How Our Firm Can Help

In short, successfully making or defending against a civil appeal requires an in-depth knowledge of court rules, relevant case law, and the inner workings of the court system. While this may seem daunting, you can still win your case if you bring in experienced, appellate-level advocates, like our legal team here at the Dodd Firm.

Our firm understands all the legal, personal, and financial difficulties that litigation creates for those involved, and we are here to provide you with the experienced representation you need and trustworthy counsel that will help you rest easy.

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