What Does a Texas Appellate Lawyer Do? 2024

A loss in court can be devastating for your business. If you are facing a hefty judgment following litigation, it may be worthwhile to consult a Texas appellate lawyer to discuss your options. You may be wondering, “What does a Texas appellate lawyer do?” Knowing the answer can help you determine the benefits they can provide to your case.

A seasoned Texas appellate attorney represents litigants in a higher court and employs a breadth of legal knowledge and sharp litigation skills to challenge a lower court’s ruling. There are several steps in the appellate process, and a Texas appellate lawyer provides counsel and representation throughout each of them.

Evaluate Your Case for Appeal

Both parties in civil litigation can appeal a decision. Even though a litigant may disagree with a judgment, it does not necessarily mean they have the right to appeal.

An appellate attorney must review a record of the trial, including the trial transcript, as well as the evidence and exhibits presented in front of a judge or jury, to determine what aspects of the case may be challenged.

Grounds for appeal may include:

• Wrong application of the law by the judge or jury
• Constitutional rights violations pre-trial or during trial
• Procedural errors in the provision of jury instructions
• Procedural errors in the presentation of evidence

Litigants are afforded a limited period to submit a notice of appeal following a judgment. It is important to contact an appellate lawyer as soon as possible to assess the merits of an appeal.

Files a Notice of Appeal in the Lower Court

Upon reviewing the trial record and determining whether there are grounds for appeal, a Texas appellate lawyer will file a notice of appeal on your behalf with the trial court clerk.

The clerk will inform all parties involved and assemble a record for appeal for review by the appellate attorneys.

Filing a Notice of Appeal does not halt the previously rendered judgment, and a Texas appellate attorney can advise their clients on their options for delaying payment of judgment while the appeals process takes place.

Responds to a Notice of Appeal From Opposing Side

An appellate attorney may also provide legal guidance if a party has been served a notice of appeal. They will work with them to draft and file a motion to dismiss the appeals request, and if the appeal process goes forward, they may represent their client in the appellate court.

Both the appellant and the appellee, the party responding to the appeal, will receive a record for appeal from the court clerk. The record includes documentation from the trial that is relevant to the appeals process per Texas and federal law. The appellate attorneys may request additional records be included at a cost.

Prepares an Appeal Brief Based on the Record for Appeal

Following the filing of the notice of appeal and records request, an appeal is considered thoroughly prepared and then proceeds to the appellate court. A Texas appellate lawyer will then study the record for appeals and draft an appellate brief.

Opposing counsel will review the brief and provide a reply brief, which the appellant’s attorney can respond to with a subsequent brief.

The appellate court provides a timeline for the submission of briefs and brief replies and sets forth the parameters for a brief’s content. Briefs should be short and to the point, and they are composed of legal arguments in support of or against the previously rendered judgment.

Within this written brief, an adept appellate lawyer will spell out their arguments with support from legal theory and case law. They underscore aspects of the appellate record that evidence appealable errors during the trial process.

Presents Oral Arguments Before a Panel of Judges

Upon reviewing the appellant’s and appellee’s brie, A panel of appellate judges, f, may request to hear oral arguments from both sides.

Both attorneys provide succinct oral arguments for or against an appeal in front of a panel of judges, with the appellant attorney having a short time to present a rebuttal at the end. Throughout this process, judges may pose questions to both attorneys.

A skilled appellate lawyer must effectively summarize the arguments presented in the brief and should anticipate and prepare a response to potential questions that could be posed by the bench.

Following oral arguments, and within a specified time, the appellate judges will render a mandate. The mandate may affirm the original verdict, it may remand it back to the lower court for review or retrial, and in rare occasions, appellate judges may render a new judgment.

FAQs

What Do the Appellate Courts Do in Texas?

In Texas, the appellate courts receive requests for appeal from litigants following the conclusion of a case. Appellate court clerks notify all parties once the appeals process is initiated and assemble an appellate record for the attorneys. Appellate judges review briefs submitted by both sides of the dispute and hear oral arguments presented by them. In the end, they render a final ruling.

What Is the Purpose of the Appeals Process in Texas?

The purpose of the appeals process in Texas and throughout the U.S. is to ensure that a fair judgment has been rendered. A request for appeals in a civil case is an intention to challenge a judgment against an individual or business. The process serves to highlight factual, legal, or procedural errors throughout the trial process that may have unfairly impacted the final judgment.

How Long Is the Appeals Process in Texas?

The appeals process length in Texas depends on multiple factors. Parties are given a set timeline to appeal a court ruling. Either side can request an extension to this timeline. Once the appeal is perfected, the length of the process is determined by the court’s schedule and deadlines for submission of briefs, as well as any motions filed by either party.

What Are the Chances of a Successful Appeal?

It is impossible to determine the chances of a successful appeal. However, it is easier to challenge some aspects of a trial more than others, especially procedural errors. The success of your appeal hinges on your trial attorney’s efficiency in preserving errors by introducing objections and filing motions. Working with a knowledgeable appellate attorney can also help increase your chances of success on appeals.

Speak With a Texas Appellate Lawyer to Learn More

The appeals process may seem straightforward, but having a skilled appellate attorney by your side will ensure you can competently challenge a court ruling against your business. With over a decade of appellate practice in Texas and federal appellate courts, Yocom Rine P.C. is prepared to act on your behalf and guide you through the appeals process. Schedule a consultation today to discuss your case.