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 Appellate
practice refers to the procedure of conducting an appeal, whereby a court
decisions is appealed to a higher court.
Specialized skills are necessary
to overturn adverse decisions or to protect favourable ones.
How
it Works
There is a time
limit within which the appeal must be lodged. It is often 30 days. If
the time for the appeal is missed an appeal still might be allowed if
a good argument can be made to the court that there is a reasonable explanation
and the delay is not lengthy.
An appeal will
focus on mistakes that were made in a case. The mistake must be serious
enough that the Court of Appeal is convinced that it affected the outcome
of the trial or sentence.
On an appeal,
written legal arguments are prepared by the lawyers and then filed with
the Court. At the court hearing arguments are made before the court in
order to convince it that mistakes were made at the original court hearing.
Of course at the hearing the other side will make its arguments that the
original court decision should not be over turned.
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Canadian Appellate, Appeals Practice.
Lawyers:
