Appeals Attorney in Los Angeles & Orange County

Turning the Tide, Crafting Triumph: Your Appeals Attorney for Legal Victory.

Walker Law Corporation

Experienced Appeals Attorney Fighting for Your Justice

At Walker Law Corporation, we have extensive experience with Appeals and Writs in State Courts and Appeals in Federal Court. We have the experience and understanding of the Appellate process that is necessary to properly present and argue your case to the appropriate appellate court. Appellate practice is highly specialized and presents numerous challenges to having your matter decided correctly by the Appellate Court. A review of your lower court ruling/order, research of the applicable laws, drafting of your appeal and oral argument before the Court of Appeal will all be managed by only one attorney to ensure that all viable aspects of your case will be at issue for review.

Our Approach to Appeals

Our approach to appeals cases is rooted in a strategic blend of legal acumen and innovative thinking, crafting compelling arguments to turn the tide in our clients’ favor.

We meticulously review trial records, identifying legal nuances and potential errors, to build a robust foundation for our appeals strategy, ensuring a comprehensive and compelling presentation before the appellate court.

Recognizing the importance of persuasive advocacy, our seasoned appeals attorneys employ eloquence and clarity to articulate compelling legal arguments that resonate with appellate judges.

We prioritize collaboration with our clients, ensuring a thorough understanding of their objectives and concerns, fostering a partnership that enhances the effectiveness of our appellate representation.

With a commitment to achieving favorable outcomes, we leverage our deep understanding of appellate procedures and precedents, navigating the complexities of the appellate process with precision to secure legal triumphs for our clients.

Appeals Attorney Overview

Appealing a U.S. Federal District Court or a State of California Superior Court judgment or order can be made to seek review of a ruling which was in error. In order to file an Appeal, the Appellant must file a “Notice of Appeal” within the time allotted by the Federal Rules of Appellate procedure or the California Rules of Court as appropriate. If you are appealing a Civil California Superior Court order or judgment the time in which you are required to file your notice of appeal is set forth by the California Rules of Court, Rule 8.104 as follows:

Time to appeal
(a) Normal time
I. Unless a statute or rules 8.108, 8.702, or 8.712 provides otherwise, a notice of appeal must be filed on or before the earliest of:
(A)60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled “Notice of Entry” of judgment or a filed-endorsed copy of the judgment, showing the date either was served;
(B)60 days after the party filing the notice of appeal serves or is served by a party with a document entitled “Notice of Entry” of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service; or
(C)180 days after entry of judgment.

If you are appealing a Criminal California Superior Court order or judgment the time in which you are required to file your notice of appeal is set forth by the California Rules of Court, Rule 8.308 as follows:

Time to appeal
(a) Normal time
Except as provided in (b) or as otherwise provided by law, a notice of appeal and any statement required by Penal Code section 1237.5 must be filed within 60 days after the rendition of the judgment or the making of the order being appealed. Except as provided in rule 8.66, no court may extend the time to file a notice of appeal.

If you are appealing a Civil US District Court judgment or order the time in which you are required to file your notice of appeal is set forth by Rule 4 of the Federal Rules of Appellate Procedure as follows:

Rule 4. Appeal as of Right—When Taken
(a) Appeal in a Civil Case.
(1) Time for Filing a Notice of Appeal.
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.

If you are appealing a Criminal US District Court judgment or order the time in which you are required to file your notice of appeal is set forth by Rule 4 of the Federal Rules of Appellate Procedure as follows:

(b) Appeal in a Criminal Case.
(1) Time for Filing a Notice of Appeal.
(A) In a criminal case, a defendant’s notice of appeal must be filed in the district court within 14 days after the later of:
(i) the entry of either the judgment or the order being appealed; or
(ii) the filing of the government’s notice of appeal.

An appeal does not grant the party the opportunity to retry the case. An appeal may be made only if there is an error which is appealable. Your appeal may be based upon any of the following reasons; the US Federal District Court or the California Superior Court made an erroneous interpretation of law(s), the US Federal District Court or the California Superior Court made an erroneous application(s) of the law(s) to the facts, the US Federal District Court or the California Superior Court mad an erroneous finding(s) of fact, the US Federal District Court or the California Superior Court abused its’ discretion or there was a violation of your Constitutional Rights. An appeal does not entitle either party to present new evidence.

Frequently Asked Questions About Appeals in California

Appealing a court decision involves different rules, procedures, and legal arguments than the original case. These frequently asked questions address common concerns about California appeals, appellate deadlines, and what to expect during the appellate process.

What is an appeal in California?

An appeal asks a higher court to review a decision made by a lower court. Rather than starting the entire case over, the appellate court generally examines the record and legal arguments to determine whether a significant legal error occurred that affected the outcome.

Is an appeal the same as having a new trial?

No. An appeal is generally not a new trial, and the appellate court does not simply rehear the case from the beginning. Appeals typically focus on the existing court record, applicable law, and whether reversible legal errors occurred during the original proceedings.

What are valid grounds for appealing a court decision?

Potential grounds can include errors in applying or interpreting the law, improper admission or exclusion of evidence, procedural errors, abuse of judicial discretion, or insufficient legal support for certain findings. Disagreeing with the outcome alone is generally not enough to obtain a reversal.

How long do I have to file an appeal in California?

Appellate deadlines can be strict and vary depending on the type of case, judgment, order, and applicable rules. Missing a filing deadline can result in losing the right to appeal, so it is important to seek legal guidance promptly after receiving an unfavorable judgment or appealable order.

Can new evidence be introduced during an appeal?

Generally, appellate courts review the record developed in the lower court rather than considering new evidence. This is one reason careful examination of the trial court record, transcripts, exhibits, motions, and rulings is so important when evaluating a potential appeal.

What does an appellate attorney do differently from a trial attorney?

Appellate representation places significant emphasis on reviewing the record, identifying preserved legal errors, conducting legal research, preparing persuasive written briefs, and presenting legal arguments to the appellate court. These tasks differ substantially from presenting witnesses and evidence during a trial.

What can happen if an appeal is successful?

The result depends on the issues involved. An appellate court may reverse a decision, modify it, send the matter back to the lower court for additional proceedings, or provide other appropriate relief. A successful appeal does not necessarily mean the appellate court will immediately decide the entire underlying case in the appellant’s favor.

Can the other party appeal a decision if I won my case?

Potentially. If another party has legal grounds to challenge an appealable judgment or order, they may seek appellate review. If you receive notice that an appeal has been filed, an attorney can help defend the lower court’s ruling and respond to the arguments raised on appeal.

How long does the California appeals process take?

There is no single timeline for every appeal. The process can involve preparation of the appellate record, briefing by the parties, possible oral argument, and consideration by the appellate court before a decision is issued. The complexity of the case and the court’s schedule can affect how long the process takes.

When should I contact an appeals attorney?

It is best to seek legal guidance as soon as possible after an unfavorable judgment or order—or after learning that another party intends to appeal. Because appellate deadlines can be unforgiving, early review gives an attorney more time to evaluate the record, identify potential appellate issues, and protect important procedural rights.

Recognized For Results

Free 15-Minute Telephone Consultation

At Walker Law Corporation, we believe in providing accessible legal support, which is why we offer free phone consultations for your appeal case. This allows individuals to discuss the specifics of their situation, gain insights into potential appellate strategies, and explore the possibility of pursuing an appeal with our experienced attorneys, all without any upfront financial commitment.