What are the basic grounds for an appeal?
If you have suffered material damage owing to the action or inaction of another person, then you can sue that person for damages. If the case went all the way to trial and the court found for the defendant, then you can appeal. There are rules and procedures for doing this. Your most important task will be to prove that a substantial error was made. Any error, irregularity, or defect that does not affect your rights or due process will be disregarded. But if you can show that some serious omission or mistake was made, then you can work with your Provo civil litigation attorney to make an appeal.
The four basic grounds for appeal include:
- The lower court made a serious error of law
- The weight of the evidence does not support the verdict
- The lower court made an errant ruling
- You received ineffective or incompetent counsel
The last of these is guaranteed by the Sixth Amendment. If you believe you were given bad advice by your attorney or that the lawyer who represented you was not up to the job, this may have contributed to your loss. You may need to hire a Provo litigation attorney to prove that you have received inadequate counsel. The same person can help you file an appeal based on this injustice.
If you are a criminal defendant and you were convicted because of a violation of your rights, then you can appeal the conviction. It may take some time to get a hearing on your appeal. However, you should aggressively pursue your rights in this case. Every American citizen has the right to due process, and you should ensure that you receive it.
Appealing a ruling or conviction is not always easy. However, you can get help from Utah county litigation attorneys who specialize in the field. You should speak to the law firm of Howard Lewis and Petersen to review your options.
