Aldrich Law Firm, Ltd.
Aldrich Law Firm, Ltd.

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What is the process for filing a civil appeal?

If a party to a civil lawsuit is unhappy with the outcome of the trial, it is possible to appeal the case if there is a chance the ruling court made an error in applying the law. Those who would like to change or reverse the decision of a civil trial court in Las Vegas must follow certain procedures in order to successfully initiate an appeal.

First and foremost, the court order in question must be appealable. According to the Nevada Rules of Appellate Procedure, there are only certain types of orders for which a civil appeal may be available. These include orders granting or denying motions for new trials and orders that grant or refuse injunctions. 

According to the American Bar Association, an appellant (the party who files the appeal) begins the process by filing a notice of appeal. In Las Vegas, this must be submitted within 20 or 30 days of the order, depending on whether it was entered in Justice Court or District Court.

Next, appellants must submit legal briefs that detail the reasons for which the trial courts’ decisions should be reversed or modified. At this point the appellee (the appellant’s opposition) may submit an answering brief, to which the appellant can offer counterarguments. After receiving these briefs, the appellate court may choose to hear oral arguments from both sides or may make a determination based on the briefs alone.

It is possible for the losing party to challenge the decision of the appellate court by filing an appeal with the Nevada Supreme Court.

This information is for general purposes, and should not be relied upon as legal advice. 

John P. Aldrich
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