Pursuing an appeal in the Texas court system requires a thorough understanding of the laws governing these procedures. Not all civil judgments can be appealed; in most cases, interlocutory judgments are not eligible for appeal until they are established as final judgments by the courts. Working with an experienced Katy small business attorney can help you navigate this process more successfully and can provide you with much-needed support for all your legal needs. Here are some key facts about civil appeals in the state of Texas.
Two Primary Ways to Appeal
If you are unhappy with the outcome of your case, you have two basic options:
- Your Sugar Land small business attorney can file a motion for a new trial within 30 days of the date of the judgment. This action is usually the result of serious errors made during the course of the previous trial that may have had an effect on the outcome of the case.
- Your lawyer can file a notice of appeal with the clerk at the court where your case was heard. This must be filed within 30 days of the judgment in most cases. If a motion for a new trial has been filed, however, you will have 90 days after the date of the judgment to file this notice of appeal.
Supporting documentation, evidence and arguments are usually submitted as part of the appeal process. If the Texas court system deems it appropriate, the petitioner will be given permission to proceed with the appeals process.
Both Sides Have Their Say
Once a case has been accepted for appeal, the party requesting this action must file an appellate brief that outlines their positions and the legal precedents that support their claims. The opposing party can also file a response brief addressing these issues and setting forth their own positions. When this process is complete, the court will set a date for a hearing at which the arguments for both sides will be presented. The judges of the appeals court will then make a ruling for the petitioner or the respondent in the case.
The Sugar Land real estate law and civil litigation experts at The Law Office of Henry Jakob have the experience and the in-depth knowledge of Texas law needed to help you navigate the civil appeals process in our state. By working with our team of talented attorneys, you can enjoy the greatest degree of confidence when dealing with your legal affairs. Contact us today at 832.879.2244 to discuss your case with us. We look forward to serving your legal needs.