After getting an unfavorable ruling after a civil case, you shouldn’t lose hope just yet of getting a fair judgment. And the best place to start will be by hiring civil lawyers in PA to appeal a decision made by the court. After all, the courts aren’t perfect since the judges might have made a mistake during the trial. Therefore, you’re allowed the freedom to appeal the ruling made during the civil case.
But before deciding to appeal your civil case, it’s best first to know when doing that is necessary. This way, you’ll be able to better prove your innocence to the judge or jury. Without further ado, here are the various instances when you should appeal your civil case.
A judge can only prove you guilty during a civil case if they can prove you’re guilty beyond a reasonable doubt. If there’s even the slightest doubt, a ruling can’t be made declaring your guilt. This is one reason you should consider when appealing your civil case if there’s not enough evidence to declare a guilty conviction.
During the civil appeal case, you’ll have a better chance of getting a favorable ruling by pinpointing the weaknesses of the judgment made earlier. Knowing the expenses and risks involved during the appeal process, the other party might opt to settle the case for closure.
Ineffective Help Of Counsel
According to the Sixth Amendment of the U.S. Constitution, every individual undergoing trial in a court of law must legally have representation by qualified counsel. This means that if the attorney representing you during your civil case wasn’t competent enough, you’re entitled to appeal the ruling.
You can prove the ineffectiveness of your lawyer during your appeal case by showing proof that they actively collided with the prosecution. In addition, the attorney’s failure to present key witnesses during the trial or being involved in other gross misconduct is another valid reason to appeal your civil case. If the court deems that your lawyer’s ineffectiveness affected the case’s outcome, your pleas for an appeal will no doubt be heard.
Error of Law
Another valid reason to appeal your civil case is if you can prove that there’s an error of law made during your trial. Examples of plain errors that can be made during your civil case include but are not limited to;
- Mistakes made to instructions given to the jury
- Obvious mistakes the judge made during or before the trial
- Unlawful admission of evidence
- Sentencing mistakes following your conviction
- Incorrect misinterpretation of the Charter right
When appealing your civil case, you need to bring out these issues to improve the odds of getting a favorable judgment.
Enough evidence must be presented in court during a civil case to prove that you indeed are guilty. But if there are any evidentiary problems either during or before your civil case trial, you have enough reason to file for an appeal. This is because a judge shouldn’t make a ruling with the exclusion or inclusion of appropriate evidence during the trial.
Therefore, you should examine whether there’s any evidentiary problem to offer you leverage when appealing the court’s decision made during a civil case.