Everything You Need to Know About Appellate Briefs and Oral Arguments
What are appellate briefs and oral arguments? Get a complete guide from Strickland Webster, LLC, today. Call us for more information.
An oral argument is a verbal presentation by attorneys before an appellate court. Unless specifically directed by the court, mandatory hearings are not required in an appeals case. Nonetheless, parties can request oral arguments from the panel of judges assigned to their case. Each side is typically given a specific time, often 15 minutes, to present their case and address any questions from the judges.
The primary purpose of an oral argument is to supplement the information in the brief and engage in a direct dialogue with the judges. It’s an opportunity for attorneys to emphasize key points and clarify complex issues. It also allows them to respond to any concerns or questions raised by the judges.
There are different types of appeals, and all court decisions are not eligible for appeal. They are generally available for final judgments or orders that dispose of the entire case. Some interlocutory orders may also be appealable under certain circumstances.
Once the eligibility for the appeal is established, the next step is selecting the proper forum for filing the appeal. In Georgia, this would entail choosing between the Court of Appeals and the Supreme Court of Georgia.
File a Notice of Appeal
To initiate the appeal process, a notice of appeal has to be filed with the appropriate appellate court within the prescribed deadlines. This notice will notify the appellate court and the other parties of your intention to appeal the lower court’s decision.
Obtain the Record
You need a record from the trial court for your appeal. The record typically includes transcripts of proceedings, evidence, and other relevant documents.
File the Appellate Brief
Submit your appellate brief to the court according to the specific court rules and deadlines. Provide copies to the opposing party as well.
The opposing party can file their brief in response to your written arguments. You may then have the option to file a reply addressing the points raised in the respondent’s brief.
Oral Argument (At the Court’s Discretion)
Some appellate courts may request oral arguments. This is where attorneys for both parties present their arguments and answer questions from the judges.
Appellate Court Decision
After reviewing the briefs, the record, and hearing oral arguments, the appellate court will decide the matter. They may affirm, reverse, or modify the lower court’s decision.
It’s important to note that the appellate court process can be complex. It typically requires a strong understanding of legal procedures and arguments. Therefore, consider consulting a federal appeals lawyer from Strickland Webster, LLC. We can help you navigate the process correctly and effectively.