Appellate Services The O’Reilly Law Office offers Civil Appellate Services. These include evaluating the order or judgment to determine if it is appealable, record review, brief preparation and oral argument. If you would like to have a case reviewed for a possible appeal or to discuss taking or defending an appeal, please call us at: 408-826-4988.
Our mission is to obtain the best and most cost-effective outcome possible for the client. Usually with the assistance of the trial attorney, we will evaluate whether a judgment or order is appealable, whether an appeal should be taken and, if so, what issues should be included in the appeal or in the response to an opposing party’s appeal.
What is an Appeal? An appeal is a process in which a party asks the Appellate Court to review an order or judgment rendered by the Superior Court. It is not a re-trial, and parties are not permitted to introduce new evidence. Most judgments, but only certain orders, are appealable. Most appeals are decided under one or more of the three standards of review on appeal, i.e. the “substantial evidence” standard, the “abuse of discretion” standard, and the “de novo” review standard. An appeal may have several issues, each of which may be evaluated by the court under a different standard of review. Determining whether a particular order or judgment is appealable, deciding on the issues to be raised on appeal and the proper standard of review for each issue, are all crucial to the effectiveness of an appeal.
What is an Appellate Writ? An appellate Writ is another, usually much shorter, process for seeking review of a Superior Court decision by the Court of Appeal. Writs are generally available only in very limited, emergency situations and only for proceedings in which an appeal is not available, or would be ineffective.
Is Appellate Writ Relief Available in My Case? The O’Reilly Law Office offers case evaluation to determine if writ relief is available and appropriate for your judgment or order. Since deadlines for Writs are often extremely short and they are rarely granted, an evaluation should be made as soon as possible after an order or judgment is entered.
If you would like to discuss taking an Appellate Writ, please contact us at: 408-826-4988. (Read about some of our representative Civil Writ cases) **