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Appeal Law in Edmonton, Canada is the practice and procedure of challenging a decision made by a lower court. This is facilitated through the Alberta Court of Appeal, the highest court in Alberta, located in the city of Edmonton. Appeal cases can span across an array of legal sectors, from family law and immigration cases to criminal law and civil rights cases. In Edmonton, an appeal can either be launched because the law has been wrongly applied or owing to dissatisfaction with the decision of the lower court.
If you are not satisfied with the court's initial decision and want to appeal it, consulting a lawyer is essential. A lawyer will assess the merits of your case, guide you through the complex appeal process, and articulate your best arguments. Legal professionals are conversant with the critical principles of appeal law, such as "grounds of appeal," appellate brief writing, jurisdiction issues, and many other intricate aspects. You may also need a lawyer if the opposing party appeals a decision you won in the lower courts to defend your victory.
The practice and procedure of criminal or civil appeals in Edmonton is governed by the Alberta Rules of Court and the Criminal Code of Canada. Some key aspects include the requirement to file Notice of Appeal and Appeal Record within 30 days for civil appeals and within 21 days for criminal appeals. Whether it's a question of law, a question of fact, or a question of mixed fact and law determines how the appellate court will review the matter. Furthermore, appealing parties must be prepared to present oral arguments for their appeals to a panel of judges.
The deadline to file a Notice of Appeal depends on whether your case is civil or criminal. For civil cases, you generally have 30 days. For criminal cases, you have 21 days from the date of the final decision of the lower court.
The costs vary depending on the complexity of the case and the hourly rate of your lawyer. Possible costs include filing fees, preparation of transcripts, and your lawyer's fees.
If you lose at the Court of Appeal, you can seek permission to appeal to the Supreme Court of Canada. However, not every case is granted leave, as the Supreme Court only hears cases of national importance.
Grounds for appeal involve errors of law made by the judge during trial, such as incorrect legal instructions to the jury or wrongful admission or exclusion of evidence. It's not a re-trial or a chance to present new evidence.
While it's not a requirement to have a lawyer, navigating through the complex appeal process can be challenging. It's generally recommended to seek legal advice when considering an appeal.
The Alberta Court of Appeal website provides essential resources, including court forms needed to launch an appeal. For further legal advice and support, it's beneficial to consult with legal advice centers such as Edmonton Community Legal Centre and Student Legal Services of Edmonton.
If considering an Appeal in Edmonton, consult a legal professional as soon as possible to assess your case and discuss your options. If you decide to proceed, your lawyer will guide you through the process, helping you prepare and file all necessary documents and representing you in front of the Alberta Court of Appeal.
