Many employment law clients are strangers to litigation, and they have questions about the process. Oftentimes, even before a trial, a client asks if an appeal is possible. The answer is “maybe,” but the appellate process differs considerably from the trial process.
In a trial, evidence is presented to the factfinder, either the trial court judge or a jury. The trial court judge decides what evidence should be heard and rules on preliminary matters. If a party loses (or partially loses) at trial, the party can appeal to the appellate court. But an appeal is not a “do-over.” Instead, the appealing party must argue that the trial court judge wrongly ruled on trial evidence or other matters; the focus is on the judge’s legal errors.
The appealing party writes a brief that sets out the controlling law, the judge’s errors, and how those errors require relief. The opposing party will then respond to the allegations. The appellate court reviews the filings, hears oral arguments, and issues a ruling. In some instances, a ruling reverses the trial court order or requires the parties to retry the case.
To speak with an attorney at a Dallas employment law firm, please contact the employment law lawyers at Clouse Dunn Khoshbin LLP at [email protected].
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KEITH A. CLOUSE
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