Appeals

Generally, an appeal is made to a higher court regarding a lower court’s decision. The opportunity to appeal is available both in administrative law cases as well as district court cases. Spangler and de Stefano, PLLP are experienced attorneys in appealing administrative law cases within the administrative process, such as unemployment compensation cases, and both administrative law and litigation cases at the district court level to the Court of Appeals.

Unlike trial court, which has testimony from witnesses and admission of exhibits, in the appellate court, your record is already set. That is, the trial attorney sets the record during the trial, and it is that trial record that is used by the appellate court in determining whether or not to affirm or reverse and/or remand the trial court’s decision. You are generally not allowed to present evidence in the appellate court that was not admitted into evidence at trial court. Therefore, it is essential that the record at trial is properly preserved for an appeal. Spangler and de Stefano, PLLP’s attorneys are experienced appellate attorneys.

A successful appeal first starts at the litigation level. In other words, your litigation attorney has to understand during the trial how to properly preserve issues for appeal and how to protect the record in an appeal. The time to make certain that the issues are preserved and the record is set is prior to the trial starting. The attorneys at Spangler and de Stefano, PLLP can serve as litigation consultants for purposes of providing counsel to your litigation attorney regarding properly setting the trial record in the event that there is an appeal.

Spangler and de Stefano, PLLP are also available to appeal administrative law cases in both the administrative law process and to the Court of Appeals, and to appeal an adverse ruling from a litigation case in district court to the Court of Appeals or to defend against an appeal brought by the adverse party based on a decision from the district court.