Employment Lawyers serving Roanoke, Lynchburg, and Central & Southside Virginia
Terminology: appeal, brief, petition, petitioner, appellant, judge, lawyer, judgment, jurisdiction, venue, dismiss, attorney
Did you win a judgment and the other side is appealing? Or did you lose and want a second chance? It’s time to call an appellate lawyer!
Yes! You only have a certain amount of time by which to file a “Notice of Appeal.” If you miss that deadline, you are out of luck. It is critical to consult an appellate lawyer as early as possible. At Yugo Collins, our appellate lawyers can calculate how much time, if any, is left to file the appeal and guide you through the process.
You need to consult an appellate lawyer ASAP. While you might have won in the trial court, the law allows people to appeal to take another look at the case to ensure that justice was done. Virginia now allows every unsuccessful litigant an automatic right to appeal. Previously, only criminal defendants had an automatic right of appeal.
No. Appellate courts only look at certain issues. Which issues are reviewed on appeal will depend on the nature of the case. Keep in mind, issues for appeal have to be properly preserved, so having an attorney who is familiar with the appeals process advising you during your trial can be a significant advantage.
That depends on the case. Appeals are typically difficult and very expensive, which is why it is important to get an honest assessment about the strengths and weaknesses of your case. You need an experienced appellate lawyer to prepare you for the litigation ahead.
Yes. It’s possible, but rare. The U.S. Supreme Court takes very few cases. Per the Supreme Court’s own statistics, the Court receives approximately 7,000 - 8,000 petitions for a writ of certiorari each Term. But the Court grants oral argument in only about 80 cases. Your best chance of winning an appeal is at the Court of Appeals for both state and federal verdicts.
Because the Court only has the capacity to hear about 80 of the 7,000 - 8,000 cases presented to it for appeal each year, the Court is extremely selective. Cases that it selects typically involve a "circuit split" or a matter of extreme national significance. A circuit split occurs when courts from different federal circuits resolve cases based on different interpretations of federal law. For example, one circuit might hold that a particular case can be filed in district court while another circuit might hold that it must be filed with a particular agency. The U.S. Supreme Court might take such a case to resolve this discrepancy so all litigants across America know where to file such a claim.