Appeals and New Trials: Uncommon & Costly

What can be appealed:

An appeal can only be based on arguments that there were errors in the legal procedures or in the judge’s interpretation of the law in the original case. An appeal is not a chance to present new evidence or re-argue the facts of the case. Instead, the appellant (the party making the appeal) argues that the trial was fundamentally unfair due to legal error.

How it works:

The appellant files a notice of appeal, then prepares a brief that presents their argument about why the trial court’s decision was incorrect. The other party (the appellee) has the opportunity to respond with their own brief arguing why the decision was correct. The appellate court’s judges review the briefs, the record of the trial court proceedings, and sometimes hear oral arguments from the lawyers for both sides before making a decision.

Outcome:

The appellate court can affirm (agree with) the trial court’s decision, reverse it (disagree and change the outcome), or remand it (send it back to the trial court for further proceedings). In rare cases, an appellate court may dismiss the appeal if it finds that it doesn’t have jurisdiction or if there’s another procedural problem.

Are appeals common?

it depends on the context. While anyone who loses a case in civil court has the right to appeal, not all do. Appeals require time, money, and legal resources, and the grounds for a successful appeal are limited to legal errors that affected the trial’s outcome.

Statistically, most trial court decisions are not appealed. When appeals do occur, the trial court’s decision is more often affirmed than reversed. The specific rates can vary depending on the jurisdiction and type of case.

A motion for a new trial is a request by a party in a civil court case to have the court conduct a new trial, effectively invalidating the original trial’s outcome. This type of motion is generally made on the grounds that the original trial was not conducted fairly or properly, or that new, previously unavailable evidence has emerged that could have a substantial impact on the outcome of the case.

The motion for a new trial is typically filed after the verdict has been issued but within a specific time frame outlined by the rules of civil procedure (this varies by jurisdiction). The motion must specify the grounds upon which the request is based. Common grounds for a new trial include:

1. Procedural Error: This could include errors made in how the trial was conducted, such as incorrect jury instructions, improper admission or exclusion of evidence, or other violations of the rules of civil procedure.

2. Verdict Against the Weight of the Evidence: This ground is used when the party believes that the jury’s verdict is fundamentally flawed because it does not align with the evidence presented at trial.

3. New Evidence: If substantial new evidence emerges that was not available at the time of the trial and could potentially change the outcome, a motion for a new trial may be granted.

4. Misconduct: This could include juror or judicial misconduct, or unethical behavior by an attorney.

As to the frequency with which motions for new trials are granted, it’s important to understand that they are not granted often. Courts have a strong interest in finality, meaning that once a verdict has been reached, the courts prefer not to disturb it unless there are compelling reasons to do so. The specific rate can vary depending on the jurisdiction and type of case, but granting a new trial is generally seen as an extraordinary remedy.

Finally, it’s important to note that the decision to file a motion for a new trial is a significant one, often requiring a careful legal analysis. If a party is considering this step, they should consult with a legal professional to discuss their options and potential strategies.