How long does a federal appeal take?

In most cases, a federal appeal will take over a year before the final judgement is entered. The federal court system is a complex system governed by the Federal Rules of Appellate Procedure. In these rules are specific deadlines for everything from the initial filing of the appeal to how long the judges have to enter their decision. If you have ever been involved in litigation, you were most likely warned by the lawyers that litigation is long, emotional, and messy. When a federal appeal is warranted, the case may take even longer.

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If I appeal a court’s decision, will the appeal delay the judgment?

If you file an appeal of a judgment against you, keep in mind that your appeal does not necessarily prevent that judgment from being carried out. While the legal system gives parties an opportunity to appeal a judgment, it does not desire to do so as an avenue to avoid payment or sentencing. In order to postpone your judgment during an appeal, you must be granted a stay of judgment by a judge.

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How expensive is an appeal?

You’ve just paid out large sums of money for a full civil trial. You’re afraid to look at the bill from your your attorney and the judgment amount makes you cringe. While you may be ready to throw in the towel and make the necessary payment arrangements, there may be one more step to take if you feel you’ve been robbed of a fair verdict. The question is, how much will it cost to appeal your case?

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Can parties join a case at the appeals stage?

In order to ensure court efficiency and equal handed decisions, the court allows parties to join in even at the appeals stage where necessary. However, scenarios where people may join in appeals are limited to amicus curiae and joinder.

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What is the effect of denying petition for certiorari by the Supreme Court of the United States?

The denial of a Petition for Certiorari (aka Cert Petition) by the Supreme Court in a federal case means the decision of the Court of Appeals stands as the final decision. This does not mean that the Supreme Court either agrees or disagrees with the decision of the Court of Appeals, only that the case will not be reviewed. If the petition is denied, it has significance to the parties in the case, but it does not necessarily impact other cases.

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Should I appeal the trial court’s decision in my case?

The decision to appeal a case rests on several factors. The most realistic factor to consider is the extended length of time the case will consume and the emotional strain you will experience if you appeal. On average, most civil cases take two to three years for completion in the courts. An appeal will typically take another full year, and might not receive the verdict desired.

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When does it make sense to hire an attorney to represent you in an administrative hearing?

navigating the government’s administrative agencies can be nearly impossible at times. While some administrative agencies such as the Veteran’s Affair’s Office have straightforward forms and timely responses, others, like the Internal Revenue Service (IRS), require inside connections in order to effectively pass anything through. For those more difficult agencies, an attorney should at least be consulted if not retained. An attorney will draft your appeal in a light that is most favorable to your side and present prior precedent to make compelling arguments. The administrative agency appeals hearings are typically before three to five agents of that agency. These agents will pose questions about the appeal filing.

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Can I appeal the decision in a civil matter?

The question of whether a case outcome can be appealed depends primarily on the type of case and the court where the case was heard. Criminal cases have a Constitutional appeal by right, whereas some civil and administrative cases can not be appealed. When determining whether your case can be appealed, the first person you should consult is your trial attorney.

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