Appoeal Rules and Process


#1

Can either party appeal a judge’s ruling on things like ED and Alimony?

If yes, how do you go about doing that?

Thank you.


#2

Yes, either party may appeal a judge’s ruling. You have 30 days after the rulings to file an appeal. The lawyer who handled your case may be able to file an appeal or you may have to retain an appellant lawyer for this purpose. You will have to submit transcripts from the original trial and this will cost you. Keep in mind that the appeal will return to the same district and often times to the same judge who made the original rulings. The appeals court only reviews what was presented in the district. If you have new information, it will not be considered at the appeals level. Also keep in mind that the legal profession protects its own. Unless you have concrete proof that there was an abuse of discretion and blatant disregard for the law, your appeal will not likely be successful. It may take 1 to 2 years for the appeal to be “heard”.


#3

You may appeal a judge’s ruling based on an error of law. You have 30 days to file notice of appeal after the judgment as been entered.