When you decide to file a lawsuit in Nevada, you may have some idea of what to expect. However, if you need to take it to the next step with an appeal, it may not be clear how that process differs from the trial. We at the Aldrich Law Firm, Ltd., have helped many clients through cases in the lower courts, and provided guidance through the appellate system, as well.
FindLaw points out that you have the option to choose either a judge or jury trial for your civil suit, but juries are not an option in an appellate court. The purpose of the appeal is not to review the evidence of your case again, but to review the legal process to determine if there was a mistake. Therefore, only judges can be the finders of fact in an appeal. Instead of one judge, there will be a panel of three who preside over your appeal.
The information that the judges review is presented in your appellate brief. This is a legal document that includes your statement against the correctness of the trial court’s decision, and the laws and statutes that support your argument. It is not likely that you will have the opportunity to speak in an appellate court, as you would in a trial. After reviewing your brief and that of the other party, the judges will ask the attorneys questions about the contents of each.
Because you are claiming that an error occurred in your trial, the record is essential to determining if and when a mistake was made. This includes the complaint and answer, pre- and post-trial motions, the court transcript and any evidence that was presented. More information about the civil appeals process is available on our webpage.