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San Francisco Appeals Lawyer
If you have been involved in a court case and received an unfavorable decision, then you may want to consider an appeal. Appeals allow parties in various types of court cases to challenge the decision of a lower court. Appeals are subject to unique laws and procedures, so it is important to work with a San Francisco appeal attorney who has experience in this area.
What types of issues may be appealed?
In order for an appeal to go forward, the issues to be appealed must have been properly preserved, and there must be an adequate record. A final judgment made after a trial or other evidentiary hearing may qualify for an appeal. Particular issues that arose during the case may be appealed if the proper objections were made on the record. An appeals attorney can review your case to determine if an appeal is a viable option.
What happens in an appeal?
To begin an appeal, a notice is provided to the proper appellate court. This notice must be filed within a certain time period, so it is important to not delay speaking with an attorney after you receive an adverse decision.
After the notice is filed and a record of the previous court proceedings is obtained, the appealing party files a written opening brief with the Court that sets forth the issues, legal standard, argument, and supporting legal authorities. The opposing party then has an opportunity to file their opposition brief in response to the appealing party’s opening brief. The appealing party then has the final word via its right to file a reply brief to the opposing party’s opposition brief. An appeal may also involve oral argument, where the attorneys argue before the Appellate Court and respond to questions posed by it. After oral argument is completed, the Appellate Court issues its decision.
Mr. Braden has extensive experience in appeals for both plaintiffs and defendants in the context of business litigation, employment law, and other practice areas. With regard to Section 2355 of the California Probate Code, he argued before the California Supreme Court in the case of Conservatorship of Robert Wendland. This case established California law on when life support may be discontinued for an irreversibly brain-damaged person.
Mr. Braden is an experienced appellate advocate, and is proud to provide meticulous representation of both criminal defendants appealing convictions and business people and individuals seeking to reverse a trial court judgment. His appellate work includes all California state and federal courts.
How can an attorney help?
Because appeals are complicated, you will want to work with a San Francisco appeal attorney to improve your chance of success. Attorney James Braden is experienced and knows what it takes to win on appeal. If you are seeking to appeal a decision, contact attorney James Braden to learn more.