During an appeal, a higher court reviews a lower court’s decision and can either affirm or reverse the decision or send a case back to the trial court. However, not all appeals sail through. A good number of them are denied for several reasons.
Understanding why your appeal may be denied can help you prepare accordingly and increase your chances of success.
Mistakes in your appeal
One common reason for an appeal denial is procedural errors. If you fail to follow the correct procedures or meet deadlines, the appeal may be dismissed. It’s crucial to adhere to all filing requirements and deadlines set by the court.
Lack of a legal basis
Appellate courts generally review lower court decisions for legal errors, not to reevaluate the facts of the case. The appeal may be denied if you cannot show that the lower court made a legal mistake. Some of these mistakes include a violation of your rights, a biased trial judge or denial of counsel.
It is worth noting that appellate courts have broad discretion in deciding whether to hear an appeal. Therefore, an appellate court may choose not to hear an appeal if the judge believes the lower court’s decision was reasonable or if the legal issue is not significant enough to warrant review.
Your appeal can also be denied if you present a weak argument. As such, it is essential to clearly and persuasively explain why the lower court’s decision was incorrect and how it affected the outcome of your case when filing an appeal. Reaching out for qualified guidance can help to ensure that your appeal has a strong legal basis, significantly increasing the chances of a successful outcome.