Basics about Oklahoma Civil Appeal
In a court, appealing is often an integral part of all court proceedings. When the trial is over, and the verdict is not on your side, ask your civil attorney to appeal on your behalf to take the case further.
Like all states, Oklahoma has a system in place for appealing and today we will talk about the steps you need to go through in order to push your appeal through.
Considerations before Filing an Appeal
There is a possibility that the judgment does not go in your favor before even filing an appeal due to any particular reason. In that case, you may discuss with the appellate lawyer and trial that if you should ask the trial court for reconsidering its ruling. Keep in mind that if you ask the trial court for post-judgment relief, then it can affect your appeal.
You Can File Your Appeal
If you decide that you do appeal an order of the trial court, first of all, you have to file a petition in error to the court. This petition apprises the Court of what type, of course, you are appealing for. It also provides an outline of the facts. In most cases, you can get thirty days from the date when the challenged order was filed to file the petition in error.
Gather the Records
You can also file its designation of record while filing the petition in error in the trial court. Remember that the designation of record informs the clerk which transcripts and documents they have to include in the record. The other party will get an opportunity to designate additional elements. After that, the clerk will include that in the record on appeal.
The Briefing Cycle
After completing the record, the appellant has sixty days so that he or she can file its brief in chief. By doing this the appellant can show what errors were made to the appellate court. The appellee can file its answer brief within 40 days right after the answer brief is filed. Keep in mind that the reply brief is the final brief that is filed on appeal.
Opinion of the Court
In most cases, after completing the brief, the Oklahoma Supreme Court assign the case to a division of the Oklahoma Court of Civil Appeals. There is a panel of three judges who will decide the case. After that, the court will draft an opinion.
Hire a Lawyer
If you want to hire a lawyer to solve a legal problem, then you should contact Foshee and Yaffee Attorneys at Law in OKC.
**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.