Appellate Lawyers

We are appellate lawyers in Rogers County. Our appeals lawyers file appeals in most Courts in Oklahoma. If you are interested in filing an appeal its important to understand the process. The court has very precise requirements the appeals court places on those filing appeals. At our law firm, we understand that the legal process doesn’t always end with a verdict. Whether you believe there was a legal error in your trial, or new evidence has come to light, we are here to help you navigate the complexities of the appellate process in Oklahoma.

Types of Cases That Can Be Appealed

Its important to understand that not all cases are eligible for appeal. Its not enough that you got a verdict that you don’t agree with. The court requires much more and the court is unforgiving as to what is an appealable issue. Generally, you can appeal a case if you believe there was a legal mistake that affected the outcome or if you feel that that the case outcome was impacted by ineffective representation. Common types of cases that our Oklahoma Appellate lawyers handle include:

Criminal Cases. If you have been convicted of a crime and believe there was a legal error you may appeal the conviction.
Civil Cases: If you have lost a civil case, such as a personal injury lawsuit or a contract dispute, and believe the court made a mistake, you may have grounds for an appeal.
Family Law Cases: Appeals can also be made in family law cases, such as divorce settlements or child custody decisions, if you believe the judge made a legal error.
Administrative Cases: Decisions made by administrative agencies can often be appealed to a higher court.

Issues That Can Be Brought Up on Appeal

An appeal is not a retrial of your case. The Court does not hear new evidence or testimony. Instead, it is a limited to a review of the trial court’s application of the law. This is done by reviewing the record of the court proceedings that’s found in the court transcript. Common issues that can be brought up on appeal include:

Legal Errors: Mistakes made by the judge regarding the law, such as incorrect jury instructions or the improper admission or exclusion of evidence.
Procedural Errors: Errors related to the procedures followed during the trial, such as the failure to allow a fair trial or mismanagement of courtroom proceedings.
Insufficient Evidence: Claims that the verdict was not supported by sufficient evidence.
Constitutional Violations: Issues related to violations of your constitutional rights, such as the right to a fair trial or protection against unlawful search and seizure.

The Appeals Process in Oklahoma

The appellate process is very technical. The process is codified in the appeals court rules of procedure. The process to appeal can vary depending on the type of case and the court involved. If the procedure for filing the appeal is not followed the case can be dismissed. Here is an overview of the process for our appellate lawyers handle in Oklahoma:

Criminal Appeals in Oklahoma

Notice of Appeal: To start a criminal appeal, you must file a Notice of Appeal with the court that issued the original decision within a specified time frame, usually within 10 days of the verdict or sentence.
Briefs: Both sides will submit written briefs. The appellant (the person appealing) will outline the errors they believe occurred, and the appellee (the other party) will respond.
Oral Arguments: In some cases, the appellate court may schedule oral arguments where both sides can present their case in person.
Decision: The appellate court will review the briefs, the trial record, and any oral arguments before issuing a written decision.

Civil Appeals in Oklahoma

Notice of Appeal: You must file a Notice of Appeal in the trial court typically within 30 days of the final judgment.
Record on Appeal: The trial court record, including transcripts and exhibits, is prepared and sent to the appellate court.
Briefs: Both parties submit briefs outlining their arguments.
Oral Arguments: The appellate court may hold oral arguments if necessary.
Decision: The appellate court will issue a written opinion affirming, reversing, or remanding the case.

Family Law Appeals

Notice of Appeal: Similar to civil appeals, you must file a Notice of Appeal within 30 days of the judgment.
Briefs and Record Preparation: The appellate process involves preparing the trial record and submitting briefs. The briefs will set out the issues for appeal including child custody or other family issues. Once again the appeal is limited to the record that was made before the Court in Rogers County.
Oral Arguments and Decision: The appellate court may hear oral arguments and will issue a written decision.

Courts for Appeals in Oklahoma

In Oklahoma, appeals are generally handled by the following courts:

Oklahoma Court of Civil Appeals: This court handles civil and family law appeals. It is an intermediate appellate court that reviews cases from the district courts.
Oklahoma Court of Criminal Appeals: This court is the highest appellate court for criminal cases in Oklahoma.
Oklahoma Supreme Court: This court handles appeals involving significant legal questions. It also handles constitutional issues and has discretionary review over cases decided by the Court of Civil Appeals.

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