Appealing Your Case
Griffiths Law represents clients at both the trial court and the appellate court level. The firm regularly represents clients in direct appeals following trial and intermediate appeals arising under the interlocutory review and petition for review rules. The firm has experience appealing adverse outcomes as well as defending cases on appeal when the other side seeks review. Having prosecuted and defended appeals at both the Colorado Court of Appeals and the Colorado Supreme Court, Griffiths Law is ready to Protect Your Future.
The appellate process is extremely complicated, and strict rules and timelines govern the process. Although people often represent themselves at the trial court level, it is rare to see important appeals without attorneys on both sides. Due to the strict rules and timelines, Griffiths Law always advises clients to seek advice and retain an attorney if they are appealing or defending an appeal.
Appealing a Case with Griffiths Law
Preparing a winning appeal requires a team of attorneys that understand both the trial and appellate components of a case. Frequently, to successfully appeal an issue it must be raised at the trial court level. To ensure that all of the relevant issues are raised, you need attorneys that understand how both the trial court and the appellate court will look at an issue. If the trial team does not understand how to preserve issues for appeal, even the best appellate attorney cannot help you.
Under Colorado law, the process of reviewing a decision starts at the trial court, and you may want to consider bringing in appellate counsel before or just after receiving an adverse decision. Under the Colorado rules, an attorney can ask the trial court to reconsider portions of a decision, or you may request a new trial based on errors that were made. Oftentimes, it is easier to seek relief from the trial court without having to appeal the entire case because the trial court already understands the issues and has been involved in the case.
If you do not convince the trial court to give you a new trial or reconsider a portion of the decision made, then you must file an appeal within a prescribed amount of time. The primary document in appealing the case is the “notice of appeal,” which sets out what issues are being appealed and a very brief description as to why. This document is due to the court of appeals shortly after the trial court issues its decision, which is why you need to act quickly following an adverse outcome. Because of this, appellate practice can include:
- Advising on legal issues during the trial-court phase of the case;
- Preparing motions in the trial court that are related to issues that are expected to be appealed;
- Drafting jury instructions;
- Advising on how to preserve issues for appeal;
- Preparing post-trial motions such as motions for a new trial or for reconsideration; and,
- Consulting on when and how to take an appeal.
Once you have decided to take a case on appeal, our services include:
- Drafting a notice of appeal or petition for review;
- Drafting motions at the trial or appellate court level;
- Drafting issues related to staying the underlying judgment or decision;
- Drafting the briefs for submission to the Colorado Court of Appeals or Colorado Supreme Court;
- Preparing for and conducting oral argument;
- Drafting petitions for writ of certiorari or responses to such writs; and,
- Dealing with legal issues arising after the appeal is resolved.
If you have a poor outcome at trial, are being forced to defend a favorable outcome, or are concerned that your case may end up on appeal due to the issues at stake, you should consult with appellate counsel. At Griffiths Law, we handle all aspects of trial and appellate work and can answer your questions quickly and advocate your cause zealously.
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1–2 Hours with an Attorney
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A Complete Review of Your Unique Case
A Comprehensive Plan:
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