Frequently Asked Questions On Appeals
Family Law Appeals ◊ Real Estate Appeals ◊ All Appeals
If you have received an unfavorable final judgment after trial in Colorado, you may question how to proceed with an appeal. If the other party appeals, you need to defend what you have won. This page answers frequently asked questions about appeals to help you make a decision.
At the Castle Rock law firm of Anne Whalen Gill, L.L.C., our lawyers focus exclusively on appeals. Attorney Gill, a staff attorney with the Colorado Court of Appeals for 12 years, has been involved in appellate law since 1979. She is also the co-author, with Judge Leonard Plank, of the first edition of the authoritative Colorado Appellate Law and Practice. Ms. Gill authored the second edition in 2007. We literally wrote the book on appeals.
Appeals — Frequently Asked Questions
- What would prevent me from pursuing an appeal? In Colorado, before you can proceed with an appeal, you must have received a final order of the trial court that is in writing, signed and dated.
- How do I know whether the ruling can be appealed? If the final order incorrectly applied the law to an objection, incorrectly instructed the jury as to a rule of law, or committed some other error of law, you can appeal.
- What are errors of law? An error of law can be a misapplication of the law or incorrect statement of law. For example, in a traffic case, it would be an error of law if the court held it was wrong to enter an intersection when the light was green.
- What kind of analysis can I expect from your firm? We will fully evaluate your case and the practicalities of an appeal, and examine the trial record to determine the strength of a potential appeal. We also provide a cost-benefit analysis when we believe your appeal has merit. In addition, we can provide a preliminary assessment on how to defend an appeal.
- What about deadlines? One of the first things we do is determine whether we can meet the deadline to file an appeal, how much time is left, and whether the deadline can be reasonably met.
- Can't I just have my trial lawyer handle the appeal? Trial practice and appellate practice are very different. Trial practice focuses on facts and physical evidence as much as it does on legal arguments. Appellate practice focuses exclusively on legal issues and requires skill in legal research, writing and oral advocacy. Our firm offers a fresh perspective on the issues. We are not invested emotionally in the presentation of the trial case, which helps to avoid "tunnel vision."
- Will you work with my trial lawyer? We are flexible. We will work closely with your trial lawyer if you choose. We can also handle your appeal on our own.
- What costs are involved in an appeal? In addition to legal fees, there are costs for gathering transcripts of the trial, filing and possible mediation fees. Your attorney will conduct a review of the entire trial record, legal research, briefing, and may participate in oral arguments before the court of appeals. If an appeal does not make sense after a cost-benefit analysis, we will not recommend that you pursue it.
- How long does an appeal take? On average, an appeal takes 12 to 18 months to make its way through the Colorado Court of Appeals. Appeals to the Colorado Supreme Court can take longer.
Contact Anne Whalen Gill, L.L.C.
Call us if you need helping answering frequently asked questions on appeals. For a free one hour initial consultation, contact us online or call 303-713-9050. We are available weekdays from 9 am to 5 pm, and conveniently located near I-25, one half hour from the Colorado Court of Appeals in Denver. We accept credit cards.