Appellate court litigation is the process of challenging a decision made by a lower court. When a party is dissatisfied with the outcome of a trial court’s decision, they can appeal to a higher court, known as an appellate court. The appellate court does not retry the case or hear new evidence, it reviews the trial court’s decision to ensure that the law was applied correctly and that the proceedings were fair. Essentially, an appellate court is an appeals court.
The appellate process typically involves the filing of briefs, which are written arguments outlining the legal issues and supporting arguments. These briefs are submitted to the appellate court for review. In some cases, the court may also schedule oral arguments, where attorneys for both sides present their arguments to a panel of judges. The appellate court then issues a written opinion explaining its decision, which may affirm, reverse, or modify the lower court’s ruling.
The Louisiana Supreme Court is the highest level of appeal in the Louisiana legal system. The Louisiana Supreme Court reviews cases that raise important legal questions or that involve significant public interest. The Supreme Court’s decisions set precedents that guide lower courts in similar cases.
The process of appealing to the Supreme Court is highly selective. Only a small number of cases are accepted for review by the Supreme Court. To be granted review, a case must typically involve a significant legal question or have a broad impact. Once a case is accepted for review, the process is similar to that of an appellate court, with the filing of briefs and, in some cases, oral arguments.
Both appellate and supreme court litigation are complex and require specialized legal knowledge and skills. The experienced attorneys at Melancon, Rimes & Daquanno specialize in these areas and are skilled at identifying legal errors, crafting persuasive arguments, and effectively communicating with judges. Additionally, they have a deep understanding of legal precedents and the rules of procedure that govern appellate and supreme court proceedings. Contact Melancon, Rimes & Daquanno today to schedule a free consultation with one of our attorneys today!