Appeal

Appeal

An appeal is the process for asking a higher court to review and correct a lower court's decision.  Almost everyone knows and understands this as part of the American legal system.  For there to be an appeal, there must first be a judgment.  One may not as a higher court to review a decision that does not yet exist!

Almost anything is appealable, but it almost always be "final."  What does that mean?  Judges make decisions all the time when parties are working through the court system.  For example, parties might have a pre-trial conference a few weeks before a civil trial.  The judge may set the date for that trial on the day of the conference.  That's not a "final" decision in the sense that it's permanent and effects a parties' rights indefinitely.  On the other hand, if you file a motion for summary judgment and win a judgment imposing liability, the other party will be forever impacted.  They thus have a short timeframe to ask a higher court to correct the perceived error at the trial court.  In Nebraska and in almost all cases, you have 30 days to appeal.

If you are subject to a judgment and believe there was a mistake in the process, you should contact an attorney immediately!  If you wish for our team to look at your case and evaluate what occurred, please contact our office if you have questions.