Appealing a Sacramento Court Judgment

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Appealing a Sacramento Court Judgment

Appealing a Sacramento Court Judgment – Trial vs. Appeal

Many final decisions of a trial court are subject to evaluation by an appeals court, which includes any decisions concerning almost all forms of Sacramento civil cases.  Regardless of whether the appeal concerns a final judgment entered by a jury or a judge’s order, an appeals court will review everything that occurred during the proceedings to check for any errors of law. If the court discovers an error that led to the trial court’s final decision, then the appeals court will reverse the final decision.  The Sacramento attorneys for the parties will turn over briefs to the court and an oral argument may be granted.  As soon as the appeals court makes a decision, the possibility for additional appeals is restricted.  The quantity of parties filing appeals has escalated significantly over the last several years, resulting in the state and federal court systems to put into practice improvements in an attempt to keep up-to-date.

A Sacramento court trial and an appeal have a several commonalities, as well as many differences.  During a trial, all parties involved present their cases.  This includes calling upon any witnesses for their testimony and even for showing other bits of evidence, including an pictures, documents or records, blueprints or any other vital pieces to be included in the case. Once everything has been turned over, the jury will weigh the evidence and can determine the facts of the particular case.  The judge regulates all of the activities taking place in the courtroom and makes certain of all the legal judgments, such as ruling on any motions and objections.

A review of the Sacramento trial court’s application of the law is called an appeal, and no jury is present at an appeal.  The court will acknowledge all of the facts as they were disclosed while in trial court, except if an actual finding is definitely in opposition to the weight of the evidence.

A distinction among a trial and an appeal is how many judges are involved.  An individual judge presides over a Sacramento trial. With an appeal, it is heard by a number of judges all at once.  The amount of judges needed is also determined by the particular jurisdiction.  At the preliminary level of appeals court, courts may have very well have anywhere from a few to many judges.  Nonetheless, the more substantial courts will have the full number of judges rarely listen to the claims at once.  As an alternative, appeals are generally observed by panels, often made up of a few judges.

Sacramento appellate firm, Jay-Allen Eisen Law Corporation is the leading appeals attorneys handling all sorts of civil appeals, writ petitions in the trial and appellate courts, and law and motion matters for clients and small to mid-size firms needing top-notch appellate counsel.  For more information, please visit:  www.Eisenlegal.com

Appealing a Sacramento Court Judgment – Trial vs. Appeal

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Eisen Legal, About The Firm

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Our Firm: Eisen Legal

Based out of Sacramento, Eisen Legal handles civil appeals, writs, and law and motion matters for people and businesses all over Northern California. We are also called upon for consultation before, during, and after trial, in “high-stakes” cases where an appeal is likely.

Winning Results

For over forty years, Eisen Legal has been shaping the law in California through the appellate process. Their names appear on over 120 published decisions. Our winning record far exceeds the general success rate for appeals in California.

Specialized Expertise

The appellate process is markedly from the trial process. At trial, the judge or jury looks for justice. On appeal, the court looks for error. An appeal is not simply an opportunity to re-litigate a case. There are special rules of appellate procedure, distinct standards of review, and the inherent difficulty reviewing trial proceedings from a transcript, all of which inform the appellate process, and ultimately the appellate court’s decision.  Jay-Allen Eisen, principal of Eisen Legal, was one of the first attorneys certified by the State Bar of California as an appellate specialist.

Although we do receive inquiries from members of the public, most of the cases we handle are referred from other members of the bar—attorneys familiar with our expertise and reputation for success. Litigators, transactional attorneys, and in-house counsel alike turn to our firm to brief and argue their case on appeal.

Although we do receive inquiries from members of the public, most of the cases we handle are referred from other members of the bar—attorneys familiar with our expertise and reputation for success. Litigators, transactional attorneys, and in-house counsel alike turn to our firm to brief and argue their case on appeal.

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Civil appeals Northern California

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Civil appeals Northern California

Civil appeals Northern California

Civil Appeals

Appellate procedure consists of the rules and practices by which appellate courts review trial court judgments. Appellate review performs several functions, including: the correction of errors committed by the trial court, development of the law and precedent to be followed and anticipated in future disputes, and the pursuit of justice. In reviewing errors of the lower court, the errors focused on are of a legal nature, appellate courts will usually not disturb factual findings.

Several issues are foremost in appeals, such as what judgments are appealable, how appeals are brought before the court, what will be required for a reversal of the lower court (e.g., a showing of “abuse of discretion,” “clear error,” etc.), and what procedures parties must follow.

Writ Law

The development of English Common Law relied on the courts to issue writs that allowed persons to proceed with a legal action. Over time the courts also used writs to direct other courts, sheriffs, and attorneys to perform certain actions. In modern law, courts primarily use writs to grant extraordinary relief, to grant the right of appeal, or to grant the sheriff authority to seize property. Most other common-law writs were discarded in U.S. law, as the courts moved to simpler and more general methods of starting civil actions.

Motion Law

Motions may be made in the form of an oral request in open court, which is then summarily granted or denied orally. But today, most motions (especially on dispositive issues that could decide the entire case) are decided after oral argument preceded by the filing and service of legal papers. That is, the movant is usually required to serve advance written notice along with some kind of written legal argument justifying the motion. The legal argument may come in the form of a memorandum of points and authorities supported by affidavits or declarations. Some northeastern U.S. states have a tradition in which the legal argument comes in the form of an affidavit from the attorney, speaking personally as himself on behalf of his client. In contrast, in most U.S. states, the memorandum is written impersonally or as if the client were speaking directly to the court, and the attorney reserves declarations of his own personal knowledge to a separate declaration or affidavit (which are then cited to in the memorandum).

Either way, the nonmovant usually has the opportunity to file and serve opposition papers. Most jurisdictions allow for time for the movant to file reply papers rebutting the points made in the opposition.

Customs vary widely as to whether oral argument is optional or mandatory once briefing in writing is complete. Some courts issue tentative rulings (after which the loser may demand oral argument) while others do not. Depending upon the type of motion and the jurisdiction, the court may simply issue an oral decision from the bench (possibly accompanied by a request to the winner to draft an order for its signature reducing the salient points to writing), take the matter under submission and draft a lengthy written decision and order, or simply fill out a standard court form with check boxes for different outcomes. The court may serve all parties directly with its decision or may serve only the winner and order the winner to serve everyone else in the case.

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Sacramento Civil Appeals

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Sacramento Civil Appeals

Sacramento Civil Appeals

Sacramento Civil Appeals | Certified Appellate Law Specialist who has been counsel in more than 300 appeals and appellate writs, including more than 75 that have led to published, precedent decisions.

Sacramento civil appeals consists of the rules and practices by which appellate courts review trial court judgments. Appellate review performs several functions, including: the correction of errors committed by the trial court, development of the law and precedent to be followed and anticipated in future disputes, and the pursuit of justice. In reviewing errors of the lower court, the errors focused on are of a legal nature, appellate courts will usually not disturb factual findings.

Several issues are foremost in appeals, such as what judgments are appealable, how appeals are brought before the court, what will be required for a reversal of the lower court (e.g., a showing of “abuse of discretion,” “clear error,” etc.), and what procedures parties must follow.

 

Motion Law

Motions may be made in the form of an oral request in open court, which is then summarily granted or denied orally. But today, most motions (especially on dispositive issues that could decide the entire case) are decided after oral argument preceded by the filing and service of legal papers. That is, the movant is usually required to serve advance written notice along with some kind of written legal argument justifying the motion. The legal argument may come in the form of a memorandum of points and authorities supported by affidavits or declarations. Some northeastern U.S. states have a tradition in which the legal argument comes in the form of an affidavit from the attorney, speaking personally as himself on behalf of his client. In contrast, in most U.S. states, the memorandum is written impersonally or as if the client were speaking directly to the court, and the attorney reserves declarations of his own personal knowledge to a separate declaration or affidavit (which are then cited to in the memorandum).

Either way, the nonmovant usually has the opportunity to file and serve opposition papers. Most jurisdictions allow for time for the movant to file reply papers rebutting the points made in the opposition.

Customs vary widely as to whether oral argument is optional or mandatory once briefing in writing is complete. Some courts issue tentative rulings (after which the loser may demand oral argument) while others do not. Depending upon the type of motion and the jurisdiction, the court may simply issue an oral decision from the bench (possibly accompanied by a request to the winner to draft an order for its signature reducing the salient points to writing), take the matter under submission and draft a lengthy written decision and order, or simply fill out a standard court form with check boxes for different outcomes. The court may serve all parties directly with its decision or may serve only the winner and order the winner to serve everyone else in the case.

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Sacramento Appeals Lawyer

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Sacramento Appeals Lawyer | Eisen Legal | EISENLEGAL.COM

Civil Appeals

Asa  Sacramento Appeals Lawyer, Eisen Legal is an expert in appellate law.  Appellate procedure consists of the rules and practices by which appellate courts review trial court judgments. Appellate review performs several functions, including: the correction of errors committed by the trial court, development of the law and precedent to be followed and anticipated in future disputes, and the pursuit of justice. In reviewing errors of the lower court, the errors focused on are of a legal nature, appellate courts will usually not disturb factual findings.

Several issues are foremost in appeals, such as what judgments are appealable, how appeals are brought before the court, what will be required for a reversal of the lower court (e.g., a showing of “abuse of discretion,” “clear error,” etc.), and what procedures parties must follow.

Writ Law

The development of English Common Law relied on the courts to issue writs that allowed persons to proceed with a legal action. Over time the courts also used writs to direct other courts, sheriffs, and attorneys to perform certain actions. In modern law, courts primarily use writs to grant extraordinary relief, to grant the right of appeal, or to grant the sheriff authority to seize property. Most other common-law writs were discarded in U.S. law, as the courts moved to simpler and more general methods of starting civil actions.

Motion Law

Motions may be made in the form of an oral request in open court, which is then summarily granted or denied orally. But today, most motions (especially on dispositive issues that could decide the entire case) are decided after oral argument preceded by the filing and service of legal papers. That is, the movant is usually required to serve advance written notice along with some kind of written legal argument justifying the motion. The legal argument may come in the form of a memorandum of points and authorities supported by affidavits or declarations. Some northeastern U.S. states have a tradition in which the legal argument comes in the form of an affidavit from the attorney, speaking personally as himself on behalf of his client. In contrast, in most U.S. states, the memorandum is written impersonally or as if the client were speaking directly to the court, and the attorney reserves declarations of his own personal knowledge to a separate declaration or affidavit (which are then cited to in the memorandum).

Either way, the nonmovant usually has the opportunity to file and serve opposition papers. Most jurisdictions allow for time for the movant to file reply papers rebutting the points made in the opposition.

Customs vary widely as to whether oral argument is optional or mandatory once briefing in writing is complete. Some courts issue tentative rulings (after which the loser may demand oral argument) while others do not. Depending upon the type of motion and the jurisdiction, the court may simply issue an oral decision from the bench (possibly accompanied by a request to the winner to draft an order for its signature reducing the salient points to writing), take the matter under submission and draft a lengthy written decision and order, or simply fill out a standard court form with check boxes for different outcomes. The court may serve all parties directly with its decision or may serve only the winner and order the winner to serve everyone else in the case.

 

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The New Look and Feel of Eisen Legal

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The New Look and Feel of Eisen Legal

Eisen Legal has a new look.  Our website has been redesigned and now icorporates our new business identity.  Take this chance to peruse around and see what you think of our new look.

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