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| Name | How is an Appeal Different from a Trial? |
| Video Uploader | Video From Burnham Law |
| Upload Date | This Video Uploaded At 04-05-2022 14:52:31 |
| Video Discription | Appeals are very different from trials. The procedure is different and the nuts and bolts are different. In an appeal, you don't get to introduce new evidence. There are no witnesses. It's not a fact finding court. It is an error correction court. It's a court intended to correct legal errors that occurred in the trial proceedings. Two really important considerations: In the appellate court, you're bound by the record and the standard of review. The record is all of the things that happened at trial - all the motions, the orders, the transcripts. There are NO new facts in appeal. There is only what's in the record. The court of appeals can only consider what's in the record from the trial court. And that also means you CANNOT raise new arguments in the court of appeals. Likewise, the standard of review is an important consideration in an appeal. That is the lens through which the court views the case, or the standard by which they can reverse the case. Those range from very deferential to the trial court, to not deferential at all, where the court of appeals can take, essentially, a fresh look at things. It's very important to have, on an appeal, an attorney who's experienced and knowledgeable about the appellate process, because it's a very different procedure. It works differently than a trial. On our team, we have a bunch of former appellate clerks who are very familiar with the appellate process. If you're going to embark on an appeal, it's critical that you have somebody familiar with that process because a trial and an appeal are two very different animals. For more information, visit Burnhamlaw.com. |
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