Canadian Appellate, Appeals Practice.
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.