Grounds for Appealing
After your trial has ended, you are allowed in most states to file a motion for reconsideration to ask the trial court to reconsider its judgment. If your motion is denied, you can challenge the trial court's decision by filing an appeal to a higher court.
In a civil case, the plaintiff, or the defendant, or both may file an appeal with the appellate court. In a criminal case, however, the prosecution does not have the right to appeal as a general rule, while the law allows the defendant to lodge an appeal as a result of an adverse verdict. The reason for prohibiting the prosecution to appeal in general is because the double jeopardy clauses provided by the U.S. and most state constitutions attach once the defendant is found not guilty of the crime committed.
While the most common grounds for appealing are errors in substantive law (that is, the trial judge errs in his interpretation of the law) and errors in trial procedure, there are other grounds for appeal of a trial court decision. These may include the following:
- The trial court does not have the proper jurisdiction to try the case;
- The trial court does not apply the appropriate law to the facts of the case;
- There exists an abuse of discretion on the part of the trial judge, or the trial court has taken arbitrary or unreasonable action without proper consideration of the facts and the law;
- The instructions given to the jury as regards the law to be applied are incorrect;
- The rulings on the admissibility of evidence are not accurate;
- There was a premature dismissal of the case without allowing the plaintiff to revise his pleadings and to present proof to support his allegations.
A good lawyer will be able to help you properly raise these grounds of appeal in your brief.