By Michael F. Callahan

Sometimes a party to a lawsuit is not satisfied with the trial judge’s decision.   When that happens that person might want to file an appeal.  Generally, and in all divorce cases in all three local jurisdictions, you can appeal “as of right.”  You may not win but you can appeal.

In due course, if the unsatisfied person, now called the appellant, does everything right and on time, the appellate court judges will review the trial judge’s decision.  The appellate judges give deference to the trial judge’s findings of fact because he or she saw and heard the witnesses and the appellate judges did not.  The appellate court judges do not give deference to the trial judge’s rulings regarding the law.

If they conclude the trial judge was wrong, they reverse.  Usually though, that means they remand the case back to the trial judge to conduct a further hearing, if necessary.

Tags: Appeal, judge, Trial, Witnesses

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This entry was posted on Wednesday, September 9th, 2009 at 10:43 am and is filed under Divorce. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.