Appellate Litigation

Attorneys in Cohn Lifland’s Appellate Litigation practice have argued hundreds of appeals in both the state and federal courses, including the Appellate Division and the Supreme Court of New Jersey, the United States Circuit Courts of Appeals for the Second, Third, Fourth, Sixth, Seventh and D.C. Circuits, and the United States Supreme Court. They have been successful over a wide range of substantive law.

Our attorneys possess the analytical, brief writing and oral advocacy skills, as well as the specialized appellate knowledge and experience necessary to represent our clients effectively. Cohn Lifland’s attorneys can take on full responsibility for prosecuting or defending a matter at the appellate level, or they can assist counsel of record in the appellate process.

In some legal matters, a person has the right to have their case heard by a higher court for a decision to be reversed. An appeal is an application to the higher court. Appellate Court is a judicial body that decides on cases already heard in other courts and agencies. In New Jersey, courts that hear appeals include the Appellate Division of the Superior Court and The Supreme Court of New Jersey. On the federal level, the U.S. Court of Appeals and the U.S. Supreme Court hear appeals to federal cases.

Preparing for an Appeal

You must act quickly. The time to start thinking about and preparing for an appeal is upon receipt of an adverse court decision. One must abide by the court’s very short timeline to appeal. If you miss those deadlines, you may miss your opportunity to appeal the case forever. Often, the rules provide that appeals from decisions handed down during the pendency of the case at the trial level, known as interlocutory decisions, must be appealed at the end of the trial process. Therefore, if you have any questions about when to file an appeal or what your timing should be on that issue, you should consult with a qualified attorney immediately.

Appeals Are Different Than Trials

In many ways, an appeal is different than a trial. At an appeal, there is no testimony presented. Parties are not sharing documents. The appellate court must decide whether the case was tried fairly. The court does this by simply reading a transcript of what happened at the trial and decides as to whether there were legal errors that made the trial unfair. The appellate court is not concerned with who won or lost, only whether the process was fair and the trial was conducted sufficiently.

New Jersey Appellate Division of the Superior Court

In New Jersey, the Appellate Division of the Superior Court is the intermediate court that hears appeals. Above that, the Supreme Court of New Jersey is the last court of appeals on a state level. The New Jersey Appellate Division of the Superior Court hears cases in a variety of situations, including trial courts, tax court and state administrative agencies and on a myriad of legal matters. According to their website, The Appellate Division decides about 6,500 appeals and 10,000 motions each year. Most New Jersey cases will be heard in courtrooms located in Morristown, New Brunswick, Newark and Trenton.

Federal Court of Appeals

Appeals on a federal level will be heard by the United States Court of Appeals. The U.S. Court of Appeals is the intermediate appeals court of the federal court system. The U.S. Court of Appeals decides on appeals from district courts within the federal judicial circuit. These are also called “circuit courts”. Above that court is the United States Supreme Court. The United States Court of Appeals is considered one of the most powerful courts in America. Though the Supreme Court is above a circuit court, it tends to support the decisions by the circuit courts and rarely reviews their cases. Most federal cases will be decided by a circuit court.