An appeal is the review by a higher court or governmental body after there has been a trial or hearing resulting in a judgment or order in a lower court or governmental body.

Our attorneys are highly experienced at working with appellate judges. Immediately following law school graduation, Andy Montroll, and Mark Oettinger all clerked for state supreme court justices, where they assisted their justices in researching issues before the court and in writing opinions. They all have experience arguing appeals in Vermont courts and governmental bodies.

If you disagree with a decision that affects you, you may have grounds for appeal, or you may have won in the first hearing and the other side has filed an appeal. If this happens, we suggest that you promptly consult with an appellate attorney since many appeal periods are quite short. You also need to make sure that procedures were followed correctly and that you are able to successfully pursue or defend the appeal.

During an appeal, the record from the previous trial is reviewed. An appellate lawyer presents the facts of the case on behalf of the appellant and explains what errors were made by the lower court. When you need overall guidance on an appeal, our skilled appellate lawyers are available to work with you.

The Appeal Process

The first step in appealing a court’s decision is to file a notice of appeal. Once filed, the appellant must prepare a brief, which includes the appellant’s legal arguments and facts of the case.

The appellee, or respondent, is then due to file a response to the brief. Once filed, the appellant may file a second brief in answer to the appellee’s brief.

Depending on the case, a court may hear oral arguments from both sides of the matter and ask questions to the appellate attorneys.

Typically, a higher court will only reverse a lower court’s decision when proof of reversible errors in law are presented. It is therefore necessary to retain an attorney with a comprehensive understanding of the laws surrounding an appellant’s case.

Should an appeal be successful, the higher court may rule that a new trial be held, that the trial court’s judgment be modified, or that the trial court reconsider the case in light of the appellate court’s decision.