Employment Lawyers serving Roanoke, Lynchburg, and Central & Southside Virginia

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State and Federal Appeals

State and Federal Appeals

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!

Is there a deadline for filing an appeal?

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. 

I won a judgment but the other side appealed. Now what?

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.

Do appellate courts review all of the issues argued below?

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.

How much does it cost to file an appeal?

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. 

Can I take my case all the way to the U.S. Supreme Court?

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.  

How does the U.S. Supreme Court decide which cases to accept

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.

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Yugo Collins, PLLC - Roanoke Employment Lawyers

Serving Roanoke, Lynchburg, and the New River Valley

(540) 861-1529

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Employment lawyers in Roanoke, VA

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