Santa Barbara Attorneys Guiding Clients Through Civil Appeals
Helping individuals and businesses with California’s complex appellate process
At McCarthy & Kroes, our attorneys understand that in many trials the initial outcome is not just unsatisfying — it is a legal mistake that must be remedied. When a mistake is made in trial because of an abuse of discretion by a judge, a verdict or decision not supported by substantial evidence, or errors in the legal interpretation of a contract or a statute, an appeals lawyer at our firm provides the guidance you need to appeal the decision and pursue a new outcome. Our appellate practice includes appeals following bench trials and jury verdicts, or from final judgments based on summary judgments and other dispositive motions. We assist with all aspects of civil appeals, including drafting and arguing motions and briefs.
Civil appeals process in California
If the appellate court finds a legal mistake was made in a case, it may reverse the lower court’s decision and issue a stay of that order, as requested. However, it is often difficult to prove a legal mistake, making it essential to obtain the assistance of an experienced Santa Barbara attorney who is skilled in both written and oral appeals. Our knowledgeable attorneys at McCarthy & Kroes assist with civil appeals involving a broad range of subject matters:
To begin the appeals process, an appellant must file a notice of appeal within the time limitations. For a limited civil case involving less than $25,000, you must file an appeal by the earliest of the following:
- 30 days after the trial court clerk mails you notice of the judgment’s entry or a filed copy of the judgment
- 30 days after the other side serves you with notice or the filed copy
- 90 days after the entry of the judgment
In an unlimited civil case involving more than $25,000, you must file an appeal by the earliest of the following:
- 60 days after the trial court clerk serves you with notice of the judgment’s entry or a filed copy of the judgment
- 60 days after the other side serves you with notice or a filed copy
- 180 days after the entry of the judgment
Our attorneys help you prepare the necessary filings within these strict timelines. Once the appeal and required paperwork are submitted, we help you submit briefs and present oral arguments to the appellate court. Appellate briefs explain what legal errors occurred in the prior civil litigation or legal proceedings and how they changed the outcome of the case. An effective brief should guide the court through the case and justify your appeal. No new evidence is reviewed, so it is essential to rely on an experienced appellate attorney who fully understands the intricacies of the laws involved, how a mistake of law negatively affected your case, and how to present compelling written arguments.
Contact experienced appellate lawyers for help achieving just results
When the initial civil litigation has left you with an unjust resolution, our lawyers at McCarthy & Kroes have the experience and skills backed by 25 years in practice to help you through your appeal. To learn more about our services and your options in Santa Barbara, Ventura and San Luis Obispo counties, contact us online or call 805.564.2085 today.