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BASICS OF AN APPEAL

How Do Appeals Work in New Jersey?

An appeal is a request for a higher court (an appellate court) to review a lower court's (a trial court) judgment. The person seeking the appeal, the appellant, argues that a legal error occurred tainting the final decision, thus seeking an appellate decision/opinion to remedy the injustice.

An appeal is not a new trial. Instead, the appellate court examines the original court record to determine whether any error at trial impacted the outcome. As such, the appellant cannot present new evidence or witnesses.

For an in-depth discussion about the appeals process and your options for challenging the judgment in your case, speak with our New Jersey appellate attorneys. We can explain everything in understandable terms and review options.

What Are the Grounds for an Appeal?

You cannot file an appeal because you are unhappy with the result of your civil or criminal case. You must have a valid legal reason to ask the appellate court to review the matter.

These legal reasons are referred to as grounds and can include, but are not limited to:

  • Insufficient evidence
  • Mistake of law
  • Abuse of discretion
  • Ineffective assistance of counsel
  • Incorrect jury instructions
  • Jury misconduct
  • Prosecutor misconduct

At Arseneault & Fassett, LLC, our appeal attorneys in New Jersey will examine and analyze everything that happened at trial to determine whether there is a sound legal basis to appeal.

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What Are the Steps to an Appeal in New Jersey?

If you are seeking to appeal a criminal or civil judgment, you must pursue this option within established limited timeframes generally 30 days of the final decision.

Various steps are involved in the appellate process, and they include:

  • Filing a notice of appeal to the appropriate court
  • Giving the court all necessary paperwork, including a written brief explaining what happened at trial, why relief is being sought, and what remedies are being requested
  • Being assigned an argument date
  • Presenting oral arguments – note that not all appeals allow oral arguments; some are decided based on the information in the brief alone
  • Waiting for a decision from the court

Our New Jersey appellate lawyers will be by your side at every step in the process, letting you know what to expect and delivering sound counsel and guidance.

What Are the Outcomes of an Appeal?

The resolution to an appeal depends on whether the Appellate Court determines that a legal error has occurred.

Possible outcomes in an appeal include:

  • Affirming the trial court's decision
  • Reversing the trial court's decision
  • Sending the case back to the lower court and ordering a new trial with remedies in place
  • Modifying the trial court's judgment

Our appeal attorneys in New Jersey pursue the best possible results for our clients.

Get the Legal Help You Need with Your Appeal in New Jersey

At Arseneault & Fassett, LLC, we leverage our excellent written and oral communication skills to develop persuasive arguments for appeals. Our team is ready to get to work for you.


Discuss your case with our New York appellate lawyer by contacting us at (973) 310-6664.


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