Best Appeal Lawyers in Arkansas

About Appeal Law in Arkansas, United States

Appeal law in Arkansas provides individuals and organizations the right to request a higher court to review decisions made by a lower court. This legal process is not a new trial or an opportunity to present new evidence but rather a request for the appellate court to examine the trial proceedings for errors that may have impacted the verdict or judgment. Arkansas appellate courts consist of the Arkansas Court of Appeals and the Arkansas Supreme Court, which are responsible for reviewing both civil and criminal cases from trial courts across the state. The appeals process has specific rules, timelines, and procedures that must be followed closely to ensure a case is eligible for review.

Why You May Need a Lawyer

Navigating an appeal can be markedly different from handling trial court matters. There are several scenarios in which you might need legal help with an appeal in Arkansas:

• You believe the trial court made a legal error that negatively affected the outcome of your case.
• Newly discovered evidence came to light after the trial that could have influenced the verdict, but appellate review is needed to address it.
• You received an unfavorable judgment or sentence and wish to explore all possible legal remedies.
• The other party has filed an appeal, and you need to respond to maintain your favorable outcome.
• You need guidance interpreting appellate rules, submitting briefs, or making oral arguments before an appellate court.

An experienced appeals attorney can help evaluate whether your case has valid grounds for appeal, meet critical deadlines, prepare and file the necessary documents, and present persuasive legal arguments to the appellate court.

Local Laws Overview

Appeals in Arkansas are governed by several bodies of law and procedure:

• Arkansas Rules of Appellate Procedure - These are the detailed rules controlling the steps for appealing a civil or criminal case, including how to file a notice of appeal, deadlines, and requirements for appellate briefs.
• Time Limits - Generally, notices of appeal must be filed within 30 days of the entry of judgment in civil cases, and within 30 days of entry of judgment, verdict, or order in criminal cases. Missing filing deadlines can result in loss of the right to appeal.
• Scope of Review - Arkansas appellate courts review the record made at trial and the arguments presented in written briefs. The courts look for legal errors, rather than re-examining factual disputes or considering new evidence.
• Types of Appeals - Appeals can arise from criminal or civil cases, including matters such as family law, probate, and administrative actions. Some limited appeals, called interlocutory appeals, are allowed before final judgment under specific circumstances.
• Potential Outcomes - The appellate court can affirm, reverse, remand (send back), or modify the lower court’s decision based on its findings.

Frequently Asked Questions

What is an appeal?

An appeal is a legal process where a higher court reviews the decision of a lower court to determine if a legal mistake was made that affected the outcome.

Can I introduce new evidence during an appeal?

No, appeals are based on the record created in the trial court. New evidence cannot generally be introduced during appellate proceedings.

How long do I have to appeal a court decision in Arkansas?

You typically have 30 days from the entry of judgment to file a notice of appeal in civil and criminal cases.

Do I need a lawyer for an appeal?

While it is legally possible to represent yourself, appeals are complex and require technical legal knowledge. Having an experienced appellate attorney can significantly increase your chances of success.

What are common reasons for an appellate court to reverse a trial court decision?

Common reasons include errors of law, improper admission or exclusion of evidence, and violations of constitutional rights.

What happens if my appeal is successful?

If your appeal is successful, the appellate court may reverse the decision, order a new trial, modify the judgment, or remand the case back to the trial court for further proceedings.

What is a brief in the appellate process?

A brief is a written document outlining the facts, legal arguments, and relevant laws in support of your position on appeal. Both appellants and appellees submit briefs to the appellate court.

What courts handle appeals in Arkansas?

The Arkansas Court of Appeals and the Arkansas Supreme Court handle appeals from lower courts throughout the state.

Is oral argument always part of the appeal?

Oral argument may be granted at the court’s discretion. Some appeals are decided solely on the basis of written briefs.

Can every decision be appealed?

Not every decision is appealable. Typically, only final judgments can be appealed, with some exceptions for orders that significantly affect the outcome or parties' rights.

Additional Resources

There are several resources and organizations that can assist those seeking guidance in the appeals process:

• Arkansas Judiciary - Provides access to court rules, case decisions, and appellate court information.
• Arkansas Bar Association - Offers lawyer referral services and legal resources for the public.
• Legal Aid of Arkansas - Offers free or low-cost legal assistance to qualifying individuals.
• Law Libraries - State and county law libraries can provide access to legal materials and sometimes offer research support.
• County Courthouses - Many circuit clerk offices have information about local procedures for filing appeals.

Next Steps

If you believe you have grounds for an appeal in Arkansas, consider the following steps:

1. Consult with an experienced appellate attorney to evaluate your case and explore your options.
2. Act quickly, as strict deadlines apply. Missing a filing deadline can forfeit your right to appeal.
3. Gather all records from the lower court, including transcripts, evidence, and court documents, to provide to your attorney.
4. Follow your lawyer’s advice regarding the appeals process, including preparation of briefs and possible oral arguments.
5. If you cannot afford an attorney, contact legal aid organizations or bar association resources for assistance and referrals.

Taking prompt, informed action can protect your legal rights and improve your chances for a successful appeal in Arkansas courts.