Appellate practice refers to the resolution of disputes between parties on appeal, following a trial or decision by a lower court.
There are three levels of courts in Wisconsin at both the state and the federal level: the circuit courts, the court of appeals and the Supreme Court.
Appellate courts serve three main functions:
When one party receives an adverse ruling, they are given time in which they can appeal the ruling to the court of appeals. While everyone has the right to have their timely filed appeal heard by the court of appeals, only select cases are picked to be heard by the Supreme Court.
Many factors affect the standard of review applied by the appellate courts in reviewing the decision of the lower court, including whether the matter in review involves a finding of fact, an issue of law, or a verdict rendered by a jury.
Most appellate cases are resolved based on written arguments submitted by the parties, also known as legal briefs. In select cases, oral arguments may be heard. Third parties are also permitted to submit briefs called amicus curiae or “friend of the court” briefs, which may influence an appellate court’s decision.
At Cannon & Dunphy S.C. we have successfully handled numerous appeals, and we can put our experience to work for you. With more than 145 years of combined experience, our lawyers have the expertise to help you navigate through every step of the appellate process. Contact our offices today for your free case evaluation.
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