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5 You Should Know Before Appealing Your Case

If you had the disadvantage of losing your court case, you are probably feeling hopeless. However, you may still be able to appeal your civil case if you believe your case’s decision was incorrect. If you believe that your case was improperly decided, an experienced attorney can evaluate the situation and the possibility of appeal.

#1: There Is a Deadline to File an Appeal

If you want to appeal your case, you will need to file the appeal in the superior court where your case was decided. The court will ensure that the other party is aware that you are appealing the court’s decision. Filing the notice would be the first step in the appeal process.

If your civil case involves less than $25,000, you will need to file your notice of appeal on or before 30 days from the date the trial court clerk mailed you the notice that the judgment has been entered or “filed,” or 90 days after the entry of judgment.

If your civil case involves more than $25,000, you must serve and file the notice of appeal on or before 60 days after either the trial court clerk or the other side serves you with notice that judgment has been entered or "filed," or 180 days after the entry of the judgment. Make sure you meet your deadlines since you can’t ask for more time to file your notice of appeal. If your notice of appeal is late, your appeal will be dismissed.

#2: Either Party Can File an Appeal in a Civil Case

Whether you are involved in a business dispute, real estate litigation, or legal malpractice litigation, you can file an appeal if you believe the case was improperly decided. However, you will need to prepare a strong case that turns around the decision in the original outcome.

#3: An Appeal Is Not a Re-Trial

It is important to know that an appeal doesn’t allow you to re-do your trial. Therefore, you won’t be able to introduce any new evidence. The appeal is simply to look at what you submitted in the trial and determine if any mistakes were made during the trial.

#4: There are Attorneys Who Specialize in Appeals

When filing an appeal, many people keep their trial attorney to help them appeal their case. However, there are appeal attorneys who are dedicated to helping parties appeal their civil cases. An appeal attorney can be extremely helpful since they provide a new perspective in your case and can help you gather the evidence needed to prove that the wrong decision was made in your case.

Succeeding at the appellate level requires an attorney with an eye for detail as well as knowledge of intricate laws and the different procedures that are required in appeals courts.

#5: Your Appeal Case Will Need to Prove That a Mistake Was Made

While you file an appeal, a higher court will investigate your case and see if any mistakes were made. If mistakes are identified, they will need to link to the improper outcome of your civil case. As mentioned above, there will be no “new process” or additions to the original evidence presented in a trial. Common types of mistakes may include legal malpractice or misuse of evidence.

Experienced Philadelphia Appeal Attorneys

If you believe your case had the wrong outcome and you want to file an appeal, contact our team at Weisberg Law. We have over 15 years of experience helping individuals throughout Philadelphia successfully appeal their cases. Whether you are dealing with insurance denials, employee-employer disputes, or business litigation, our team is here to help you.

Contact our Philadelphia appeal lawyers today at (610) 550-8042 to schedule a case review!

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