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Appeals FAQ, the Q & A
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Your contact with this firm reflects your understanding and agreement with these statements.
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Generally, an appeal from start (that is, the filing of the notice of appeal) to finish (the issuance of the appellate court's decision) takes about one year, though some appeal timelines are shorter and others are longer.
Why? An appeal is based on facts already established in the record (in the court file and in hearing and trial transcripts), so they tend to move much faster than proceedings in the trial court. Also, an appeal, unlike a trial level matter, is based mainly on legal research, the record, legal briefs (they look like very large memorandums of law with legal argument) and oral arguments. Oral argument concerns legal argument to the appellate panel; no witnesses or parties are allowed to speak.These are some of the reasons why an appeal proceeding moves faster than your trial level proceeding.
You should be aware that, if you have a money judgment against you or a money judgment against the opposing side, an appeal will generally not stop the party having the money judgment from executing on that judgment. An appellate bond is usually necessary to stay execution pending appeal. Similarly, if you have been convicted of a crime, chances are that you will be imprisoned during the course of your appeal.
