Losing a civil court case can be a frustrating experience. Whether it’s a contract dispute, a personal injury claim, or a property disagreement, the feeling of injustice can be strong. Though the losing party may obtain a more favorable outcome by appealing the decision, there must be solid legal grounds to appeal. Read on to understand when appeal of the court outcome in a civil case may be viable.
Review By An Appellate Court?
Strong disagreement with the verdict in a court case does not necessarily mean there are grounds for review by an appellate court. It’s important to understand that the facts of the case are not re-examined by an appellate court; rather, appellate courts review the legal process and decisions made by a lower court. For example, successfully demonstrating that a legal error was made can result in winning on appeal. The expertise of an appellate attorney is crucial in analyzing the trial record and identifying potential legal errors which may provide grounds for appeal. Legal errors can involve anything from a judge incorrectly instructing the jury, or misinterpreting a statute or contract. For example, if a judge wrongly excludes crucial evidence that could have swayed the jury’s decision, this could constitute a legal error and provide grounds for appeal. US Claims points out that “appealing civil cases may vary by state and will depend on both the law of the state and the applicable rules of the court where the case is pending,” and offers these examples of what may constitute grounds for appeal after judgment in a civil case:
- A legal mistake was made
- There was an error in the process and procedures that resulted in the unfavorable decision
- The law as applied violated the party’s constitutional rights
- Newly discovered evidence would result in a different decision
- The factual findings supporting the unfavorable decision were against the weight of the evidence
Appeal Bonds Explained
If it is determined that there are grounds to appeal a judgment, it’s very common for courts to require a type of bond, known as an appeal bond. Sometimes referred to as a supersedeas bond, an appeal bond acts as a financial guarantee while the appellate court reviews the case. Essentially, an appeal bond assures the court and the opposing party, referred to as the respondent (aka appellee) that the petitioner (aka appellant) will comply with the final judgment, even if it’s not in their favor. Since appeals delay the payment awarded by the trial court, an appeals bond guarantees the availability of funds to to satisfy the judgment, along with any accrued interest and court costs.
In addition to serving as a financial guarantee, an appeal bond can act as a financial deterrent for potential petitioners who might simply be trying to stall or avoid paying what is owed. In this way, appeal bonds are an important public protection, curtailing baseless attempts to overturn verdicts issued in civil court cases: “The appeal bond also serves as a safety net bond, which helps protect the court from frivolous appeals or delaying tactics to avoid payment as these dishonest activities cost the court time and money.”
When a supersedeas or appeal bond is ordered, it’s important to apply for and secure the bond quickly, via a reputable surety company that can meet the case specific “obligee requirements” issued by the court. The bond amount is set by the court, based on the total original judgment, though interest and legal fees may also be factored into the bond amount. As a leading, direct and national court bond writer, Colonial Surety Company makes it easy and speedy for attorneys in every state to help clients secure supersedeas, appeals and other court bonds. We meet specific court requirements, provide simple online applications, and make instant bond downloads available for filing in court.
Quote and Obtain Supersedeas and Appeal Bonds with a few clicks, here now: Colonial Surety Company.
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