Appellate Law

     If you have a civil or criminal case, and the jury, or trial court, ruled against you, you can appeal to a higher court to try to have that decision reversed.  There are different statues and rules that apply to these cases on appeal.  This is what is known as Appellate Law.

     Our law firm has been representing clients in the Appellate Courts since 1999. 

     We have represented clients with cases in both the state and federal appeals courts. 

     On the state level, after losing at the trial level, the case is heard at the Connecticut Appellate Court. If the case was lost at the Appellate Court, we petition the Connecticut Supreme Court to hear the case and reverse the decision of the Appellate Court.

     On the federal level, after losing at the District Court of Connecticut, the case is heard at the Second Circuit Court of Appeals.  If the case was lost at the Second Circuit, we can petition the United States Supreme Court to hear the case and reverse the decision of the Second Circuit.

    How does the process work? It is a bit different than a trial. At the Appellate Court, there will be no new trial, no new testimony, and no new admission of evidence.  Instead, the rules allow  counsel for the person appealing, to file a brief on your behalf.  Before doing that, we review all of the transcripts of the trial, find the best issues to argue why the trial court decision should be reversed, research the law on those issues, and then write a persuasive argument in a 35 page document called a "brief".  The opposing side files a responsive brief, and we are allowed to file a reply brief pointing out the errors in argument of opposing counsel.

   Followng the filing of the briefs, counsel for both sided are allowed to appear before the court for a twenty minute argument, to answer the questions of a three judge panel and to persuade them to agree that the trial court's decision should be reversed.  Finally, after the Appellate Court hears the attorneys for both sides in the oral argument, the judges issue a written opinion on the case.  If the Appellate Court decides wrongly, and after we petition the Connecticut Supreme Court to take the case and it does, then a similar briefing schedule is set before oral argument is heard in the Supreme Court as to whether or not to overturn the Appellate Court’s decision.

      The procedure is much the same if you need to appeal a decision made in a federal district court, as well. Briefs are filed in the Second Circuit Court of Appeals, and, if necessary, a petition is filed with the U.S. Supreme Court to hear the case. Oral arguments are held, and the courts issue a written decision sometime thereafter.

     On appeal, we have represented plaintiffs and defendants, at times, in civil cases; and we have represented defendants criminal cases of all kinds.

     We also represent clients who have lost cases in local and state administrative agency cases, such as cases before Land Use or other municipal regulatory Commissions, local Boards of Education in due process hearings, and state Freedom of Information Commission hearings.  In those cases to appeal, a brief is filed with the State Superior Court, or with the U.S. District Court.

     If you are contemplating appealing any negative decision from any local, state, or federal agency or trial court, please contact us for advice.  In each of these cases, however, you must understand that there are time limitations placed on when you can file an appeal.  Please contact us as soon as possible so that we can determine what deadline you must meet in order to preserve your right to appeal.

     Our firm has more than 20 years of experience in handling appeals of all types. 

We are here to serve you in your time of need. As always, we are committed to doing our best to protect your rights.

Have questions about our services or would like to make an appointment?

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