Best Appeal Lawyers in Lafayette

About Appeal Law in Lafayette, United States

In Lafayette, Louisiana, an appeal is the legal process used to ask a higher court to review a final judgment or certain rulings from a lower court. Appeals focus on legal error and the proper application of law, not on re-trying the case or hearing new evidence. Most state court appeals from Lafayette Parish district court go to the Louisiana Third Circuit Court of Appeal. Some limited matters may be reviewed first by the district court if they originate in a city court. Federal appeals from cases filed in the Lafayette Division of the United States District Court for the Western District of Louisiana go to the United States Court of Appeals for the Fifth Circuit.

Appeals are deadline-driven, record-based, and governed by strict procedural rules. To succeed, the appellant must show harmful legal error, an abuse of discretion, or that the evidence cannot legally support the judgment under the applicable standard of review. Louisiana procedure also allows for supervisory writs to challenge certain non-final or time-sensitive rulings, and separate post-conviction relief processes exist for criminal cases.

Why You May Need a Lawyer

You may need an appellate lawyer if you received an unfavorable judgment in the 15th Judicial District Court for Lafayette Parish, if you are challenging rulings from Lafayette City Court or another local tribunal, or if you are appealing federal rulings from the Western District of Louisiana. Common reasons to seek help include alleged trial errors in admitting or excluding evidence, incorrect jury instructions, improper summary judgment, legal error in family law orders, excessive or illegal criminal sentences, denial of motions to suppress, probation or parole revocations, contempt findings, and agency or licensing decisions that affect your livelihood.

An appellate lawyer can identify viable issues, preserve and perfect the record, ensure deadlines are met, draft persuasive briefs, argue before the court, and advise on stays, bonds, and settlement options during the appeal. Because appeals are based on the existing record, a lawyer can also assess whether a supervisory writ or a remand request is the better path. In criminal cases, counsel can advise on direct appeal versus post-conviction relief and federal habeas timing.

Local Laws Overview

Court structure and where to file in Lafayette: Appeals from the Lafayette Parish district court generally go to the Louisiana Third Circuit Court of Appeal. The Third Circuit sits over multiple parishes including Lafayette. Some matters originating in a city court have different routes. Certain city court judgments may be reviewed by the 15th Judicial District Court, sometimes by a new trial on the record or de novo depending on the statute. Small claims procedures can limit appeal rights unless a party transfers the case to the regular civil docket before trial. Check your judgment and consult counsel to confirm the correct appellate path.

Deadlines in Louisiana state courts are strict. In most civil cases, a suspensive appeal must be taken within 30 days after the clerk mails notice of denial of new trial or JNOV, and a devolutive appeal within 60 days after that mailing if no suspensive appeal is sought. In criminal cases, a notice of appeal generally must be made within 30 days after the rendition of judgment or after the ruling on a timely motion to reconsider sentence. Supervisory writ applications to a court of appeal are typically due within 30 days of notice of the ruling being challenged. Always verify the exact deadline that applies to your order, because different rules govern family law, juvenile, probate, and administrative matters.

Standards of review in Louisiana include de novo review for pure legal issues, manifest error or clearly wrong for factual findings in bench trials, abuse of discretion for many evidentiary and procedural rulings, and the Jackson v. Virginia standard for sufficiency of the evidence in criminal cases. Harmless error rules apply, and criminal appeals include an error patent review on the face of the record.

Bonds and stays differ by case type. A suspensive appeal in a civil case requires an appeal bond that stays enforcement of the judgment. A devolutive appeal does not stay enforcement. In criminal cases, filing an appeal does not automatically stay a sentence, though the trial court may set bail pending appeal in limited circumstances. Separate stay orders may be needed for injunctions or administrative decisions.

Record preparation and briefing are governed by the Louisiana Code of Civil Procedure, the Louisiana Code of Criminal Procedure, and the Uniform Rules of the Courts of Appeal. After you file a notice of appeal, the clerk assembles and lodges the record with the appellate court, transcripts are prepared by court reporters, and a briefing schedule issues. Oral argument is granted at the court's discretion. After the court of appeal issues its decision, a party may seek rehearing and may then apply for review by the Louisiana Supreme Court.

Post-conviction and extraordinary review options exist. Criminal post-conviction relief usually must be filed within two years after a conviction and sentence become final. Some non-final state rulings are reviewed only by supervisory writ, not by appeal. In federal cases, appellate deadlines are short. A civil notice of appeal is usually due within 30 days after entry of judgment, or 60 days if the United States is a party. A federal criminal notice of appeal is typically due within 14 days of entry of judgment. Federal rules govern stays and supersedeas bonds in federal court.

Frequently Asked Questions

How long do I have to file a notice of appeal in Lafayette

In most Louisiana civil cases, you have 30 days for a suspensive appeal and 60 days for a devolutive appeal, measured from specific post-judgment notice events. In Louisiana criminal cases, you generally have 30 days from the judgment or from the ruling on a timely motion to reconsider sentence. Federal civil appeals are usually due within 30 days, or 60 days if the United States is a party, and federal criminal appeals are typically due within 14 days. Always verify your specific deadline immediately.

What is the difference between an appeal and a supervisory writ

An appeal seeks review of a final judgment as a matter of right and is based on the existing record. A supervisory writ asks the appellate court to exercise discretionary review of an interlocutory or time-sensitive ruling. Writs have short deadlines and strict formatting, and the court can deny review without reaching the merits. Your lawyer will help decide which path is available and strategic.

Can I introduce new evidence on appeal

Generally no. Appeals are decided on the record made in the trial court. New evidence is not considered unless the law provides a narrow exception, such as correcting an incomplete record or a limited remand. If new facts have arisen, other remedies like a motion for new trial or post-conviction relief may be more appropriate.

How long does an appeal take in Lafayette and Louisiana

Time frames vary. After the record is lodged, briefing can span several months. The court of appeal typically issues a decision months after briefing is complete. Many appeals take 9 to 18 months from notice of appeal to decision, depending on complexity, transcript preparation time, and the court's docket.

Will filing an appeal stop enforcement of the judgment or sentence

Not automatically. In civil cases, a suspensive appeal with an appropriate bond can stay enforcement. A devolutive appeal does not stay enforcement. In criminal cases, sentences are generally not stayed by filing an appeal, though bail pending appeal may be available in limited circumstances. You may need to request a stay order for injunctions or administrative rulings.

What are the possible outcomes of an appeal

The appellate court can affirm, reverse, modify, or remand for further proceedings. It may reverse in part and affirm in part. On remand, the trial court may conduct additional hearings or enter a new judgment consistent with the opinion. A party can seek rehearing and then apply for review by the Louisiana Supreme Court.

Do I need a transcript and how do I get one

Most appeals require transcripts of relevant hearings and the trial. After you file the notice of appeal, coordinate promptly with the court reporter and the clerk to order and pay for transcripts, or seek approval to proceed in forma pauperis if eligible. Missing or late transcripts can delay or jeopardize your appeal.

Can I handle my appeal without a lawyer

You may represent yourself, but appellate practice is technical. Missing a deadline, citing the wrong standard, or failing to preserve issues can end your case. In criminal appeals, indigent defendants may qualify for appointed appellate counsel. In civil appeals, limited-scope or full-scope representation by an appellate lawyer often improves outcomes.

I pled guilty - can I still appeal

A guilty plea limits appeal rights. You can usually appeal only issues reserved by statute or by a conditional plea, such as a pre-plea ruling on a motion to suppress. Sentencing issues may be appealed or reviewed by motion to reconsider sentence. Post-conviction relief may address claims such as ineffective assistance that are not apparent on the face of the record.

What happens after the Court of Appeal rules - can I go to the Louisiana Supreme Court or federal court

After the court of appeal issues its decision, you can seek rehearing within a short period. If rehearing is denied or not sought, you may apply to the Louisiana Supreme Court for discretionary review. Federal review is separate. After state remedies are exhausted, certain criminal convictions may be challenged by federal habeas corpus within strict time limits. Civil federal review of state court judgments is very limited.

Additional Resources

Louisiana Third Circuit Court of Appeal - Handles most state appeals from Lafayette Parish district court judgments and writ applications from within its circuit.

Louisiana Supreme Court - Reviews selected cases by application for writ of certiorari and issues statewide procedural and professional rules.

15th Judicial District Court for Lafayette Parish - Trial court where many Lafayette cases begin. The clerk processes notices of appeal and assembles the record.

Lafayette City Court - Handles limited civil and criminal matters. Appeal routes and timelines for city court rulings are specialized and may involve review in district court or the court of appeal depending on the statute.

United States District Court for the Western District of Louisiana, Lafayette Division - Federal trial court for cases arising in the Lafayette area. Appeals go to the United States Court of Appeals for the Fifth Circuit.

United States Court of Appeals for the Fifth Circuit - Federal appellate court that reviews appeals from the Western District of Louisiana.

Louisiana Appellate Project - Provides appointed counsel for indigent defendants in criminal appeals in Louisiana courts.

Lafayette Bar Association - Offers lawyer referral and local programming that can help connect you with appellate practitioners.

Acadiana Legal Service Corporation - Provides civil legal aid to eligible clients, which can include assistance on appeal in certain case types.

Lafayette Parish Public Defender and the 15th Judicial District Public Defender - Provides representation to eligible defendants in criminal cases, including on appeal when appointed.

Louisiana Code of Civil Procedure, Louisiana Code of Criminal Procedure, and Uniform Rules of the Courts of Appeal - Core rule sets that govern deadlines, standards, and appellate practice in Louisiana.

Next Steps

Act quickly to identify your deadline. Find and calendar the exact date your notice of appeal or writ application is due. Deadlines can be as short as 14 to 30 days.

Request and secure the judgment and notice of mailing from the clerk. These documents trigger many appellate timelines.

Consult an appellate lawyer in Lafayette promptly. Ask for an issue assessment, the applicable standard of review, and the best procedural vehicle, whether appeal, supervisory writ, motion for new trial, or post-conviction relief.

Order transcripts and designate the record. Coordinate with the court reporter and the clerk so the record is complete. Apply to proceed in forma pauperis if you cannot afford costs.

Consider stays and bonds. Discuss whether a suspensive appeal bond, a stay order, or bail pending appeal is available and strategic for your case.

Map the briefing strategy and timeline. Confirm page limits, formatting, and the briefing schedule. Gather exhibits, rulings, and citations to support your arguments.

Preserve parallel remedies. Track deadlines for rehearing, Louisiana Supreme Court review, and in criminal cases any post-conviction or federal habeas timelines.

Maintain communication with the clerk, the court reporter, and your lawyer. Respond fast to any notices about record lodging, briefing dates, or deficiencies to keep your appeal on track.

This guide is general information. Because appellate rules are technical and time-sensitive, consult a qualified Lafayette appellate attorney about your specific case as soon as possible.