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When you lose in a lawsuit, you may wish to contest that decision, especially if you believe errors during the trial court proceedings affected the outcome of the case. Fortunately, the civil justice system allows litigants to file appeals to challenge legal or procedural errors made by lower courts. However, because appellate litigation differs significantly from trial litigation, you need highly experienced counsel to ensure you have a compelling argument that gives you the best chance of success in an appeal.
Let the Oregon legal team at Bristlecone Law guide you through the appellate process and advocate on your behalf. Contact our firm today for an initial case evaluation to discuss whether you may have grounds for an appeal and to learn more about the appellate process.
Oregon’s appellate court system includes the Oregon Court of Appeals and the Oregon Supreme Court. Appellate litigation differs from trial litigation in several ways. Whereas trial litigation focuses on determining the facts of a case through an adversarial process and resolving a legal dispute by applying the law to those facts, appellate litigation focuses on correcting legal or procedural errors made by a lower tribunal.
Filing an appeal does not give a litigant a “re-do” or a second chance to present their case. An appeal also does not allow a party to present new evidence, except in very rare circumstances. Instead, the appeals court reviews the filings, evidence, and arguments heard by the trial court. A successful appeal requires a party to show that a lower court made a legal or procedural error and that this error affected the case’s outcome. Common issues raised in appeals of civil lawsuits include:
An appeal can lead to several different outcomes, including:
A reversal or vacatur can restore the case to an earlier phase of the trial litigation before the trial court’s error occurred, usually allowing the parties to restart the case from that position. However, under certain circumstances, an Oregon appeals court may order a lower court to dismiss a case or grant summary judgment to a party.
The appellate process begins when a party in a civil lawsuit files a notice of appeal with the Oregon Court of Appeals, which alerts the opposing party and the court that they wish to appeal the lower court’s decision. The notice of appeal must identify the issue(s) that the party filing the appeal – called the “appellant” – wants the appeals court to consider. In some cases, the opposing party – referred to as the “appellee” or “respondent” – may file a cross-appeal, raising other issues they want the appeals court to address.
After filing and serving the notice of appeal, the appellant must prepare the trial record for the appeals court to review. The trial record can include the docket, filings made by the parties, evidentiary exhibits, and transcripts of hearings or trial proceedings relevant to the issue(s) raised on appeal.
The parties also must submit written appellate briefs to the appeals court. Appellate briefs argue each party’s position to the appeals court by citing parts of the trial record and applicable statutory or case law that purportedly support each party’s respective position. A party that files an appeal cannot simply disagree with the trial court’s decision. Instead, they must identify the trial court’s error in the record and cite applicable law that shows how the trial court’s decision constituted an error.
In most cases, the parties present oral arguments to the appeals court, during which each party or their legal counsel can argue their case and respond to questions from the appellate judges. The appeals court will then consider the parties’ written briefs and oral arguments and issue an opinion deciding the appeal. If a party believes the Oregon Court of Appeals got it wrong, then the party may seek review of that decision in the Oregon Supreme Court.
Given the various procedural steps and the complex legal issues involved in appeals, hiring seasoned legal counsel can give you the best chance of success in appellate litigation. At Bristlecone Law, our Oregon firm represents clients pursuing relief from adverse court decisions by:
Common questions our Oregon clients have about appeals include:
Can I appeal any verdict or judgment?
Although litigants can appeal final verdicts or judgments as of right, a successful appeal will require a litigant to prove that an error made by the lower court influenced that verdict or judgment, and therefore, the litigant did not receive a fair or reasonable trial. In most cases, a party must have “preserved” an issue they wish to appeal by raising it with the lower court, such as through an objection or post-trial motion, to allow the lower court to correct any error it made. Furthermore, a party can appeal a verdict or judgment only when “aggrieved” by that decision, meaning that the decision went against them or did not provide the full scope of relief they sought.
How long does an appeal take?
An appeal can take upwards of two years following the filing of a notice of appeal. A party who wishes to appeal a lower court decision must file their notice of appeal with the Oregon Court of Appeals within 30 days of the decision. Various factors can affect the duration of an appeal, including the complexity of the legal issues presented and the appellate court’s schedule and availability.
Can an appeal stop the enforcement of a judgment?
Filing a notice of appeal does not always stop the enforcement of a judgment. The winning party can proceed to enforce an appealed judgment unless the party who filed the appeal requests a “stay” of the judgment pending the outcome of the appeal. In some instances, the court may issue an automatic stay of a judgment. Alternatively, a party who files an appeal can ask the court to grant a discretionary stay; the court may require the party to post a bond providing financial security to pay the judgment if needed following resolution of the appeal.
After an adverse decision in a civil lawsuit in Oregon, you may have grounds to challenge errors by the trial court that affected the case’s outcome. Having an experienced appellate litigator on your side is necessary for you to present a compelling argument to the appellate court. Contact Bristlecone Law today for a confidential consultation with an appellate litigation attorney to discuss your options for challenging a decision by a trial court or administrative agency through an appeal.
If you’re facing a legal matter, or want to prevent one before it starts, reach out. We’ll tell you what’s worth fighting, what’s worth fixing, and how to move ahead with confidence.
