Best Appeal Lawyers in Connecticut

About Appeal Law in Connecticut, United States

Appeal law in Connecticut allows individuals and organizations to challenge the outcome of a lower court decision by seeking a review from a higher court. The right to appeal is a fundamental part of the judicial system, providing a process to correct errors or injustices made during the initial trial. Connecticut’s appellate process includes both civil and criminal cases, and cases can be appealed from the Superior Court to the Connecticut Appellate Court or, in certain circumstances, directly to the Connecticut Supreme Court. The appellate courts do not hear new evidence but instead review the record of the lower court to determine if errors of law were made that affected the outcome.

Why You May Need a Lawyer

Appealing a case in Connecticut can be complex and requires an in-depth understanding of both substantive and procedural law. Several common situations where legal help is advisable include:

• The court made a legal error in your trial, such as misapplying the law or improperly admitting evidence.
• The outcome of your trial resulted in a serious injustice or unfairness.
• You were not adequately represented by your attorney during the trial.
• The judge issued a decision that is unsupported by the evidence presented.
• There was juror misconduct or other irregularities that affected the verdict.
• You are defending against an appeal filed by the opposing party.

Because appeals are governed by strict procedures and deadlines, having a lawyer who is experienced with the Connecticut appellate process can significantly improve your chances of success.

Local Laws Overview

Appeal law in Connecticut is primarily governed by the Connecticut Practice Book, state statutes, and decisions by the appellate courts. Key points include:

• Appeals must generally be filed within 20 days after the judgment or decision being challenged, although some exceptions apply.
• Appellate courts review the record from the trial court, including transcripts, evidence, and court documents.
• Appeals are based on allegations of legal, not factual, error - appellate courts typically do not consider new evidence or reexamine witness credibility.
• Both civil and criminal cases can be appealed but the process and grounds for appeal might differ between types of cases.
• Appeals are initiated by filing a Notice of Appeal and following detailed procedural rules for briefing and argument.
• The Connecticut Supreme Court is the highest court, with discretionary review over most matters, while the Appellate Court handles the majority of appeals from Superior Court decisions.
• Certain orders, such as temporary court orders, may not be immediately appealable.

Frequently Asked Questions

What is an appeal?

An appeal is a legal process where a higher court reviews a decision made by a lower court to determine if any errors of law affected the outcome.

Can I present new evidence in an appeal?

No, appeals in Connecticut are based solely on the record from the lower court and do not allow for new evidence, witnesses, or arguments that were not presented at trial.

How long do I have to file an appeal in Connecticut?

You generally have 20 days from the date of judgment or the decision to file a Notice of Appeal, although certain exceptions or shorter timeframes may apply in specific circumstances.

What kinds of cases can be appealed?

Both civil and criminal cases can be appealed, as well as certain family, probate, and administrative decisions, subject to specific rules about what decisions are appealable.

What happens during the appellate process?

The party appealing (the appellant) submits legal briefs explaining why they believe errors occurred, while the opposing party (the appellee) submits arguments supporting the original decision. The appellate court reviews written briefs, the court record, and sometimes hears oral arguments before issuing a decision.

What outcomes are possible after an appeal?

The appellate court can affirm the lower court’s decision, reverse it, remand the case for further proceedings, or, in some cases, modify the judgment.

Is it necessary to have a lawyer for an appeal?

While you can represent yourself, appellate law is highly technical and the chances of success are usually much higher with a lawyer who understands the rules and strategies of appeals.

Does filing an appeal stop enforcement of the judgment?

Not automatically. In some cases, you may need to request a stay from the court to prevent enforcement of the decision while the appeal is pending.

How long does the appellate process take?

The appeal process can take several months to more than a year, depending on the complexity of the case and the workload of the appellate court.

Can I appeal more than once?

Generally, you have one appeal as of right. Further appeals, such as to the Connecticut Supreme Court after a ruling by the Appellate Court, may require the higher court’s permission (known as a petition for certification).

Additional Resources

If you are considering an appeal in Connecticut or simply want to learn more, these resources can be helpful:

• Connecticut Judicial Branch - Appellate Court and Supreme Court information
• Connecticut Bar Association - Lawyer referral service
• Statewide Legal Services of Connecticut - Free and low-cost legal assistance
• Connecticut Law Libraries - Public access to legal materials and research help
• Office of the Public Defender - Appellate representation for eligible criminal defendants

Next Steps

If you believe you have grounds to appeal a court decision in Connecticut, consider taking the following steps:

• Act quickly, as appeals are subject to strict deadlines.
• Gather and organize all documents from your trial, including court records and decisions.
• Consult with an experienced appellate attorney to evaluate the merits of your appeal and guide you through the process.
• If you cannot afford a lawyer, contact legal aid organizations for possible assistance.
• Follow all court procedures and filing requirements carefully to avoid jeopardizing your rights.

Appealing a court decision is a serious and often complex undertaking. Seeking professional legal advice early can help ensure your appeal is handled correctly and that you understand your chances of success.