If there’s going to be an appeal in your case, you will want to prepare early so you can make an adequate record, preserve your arguments, and accurately assess your risk. But how do you know which cases are going to be appealed? Here are a few of the most common signs that your case might be headed toward the appellate courts.
The Amount in Controversy is Large
Often the decision whether to appeal is a cost-benefit analysis. If the best result you can achieve is a relatively small dollar value, you might not appeal unless you are very confident that you will win. On the other hand, if a successful appeal could result in a very large recovery, then parties are more likely to proceed with the appeal even if the chances of reversal are slim. For this reason, a large amount in controversy is one of the best early signs that a case might lead to an appeal.
The Case Requires Interpretation of a New Statute
When the legislature passes a new statute, it is often possible to interpret it in more than one way. It is the job of the appellate courts to interpret statutes with no deference given to the trial court’s interpretation. Therefore, if the case requires the court to interpret a new statute that has not previously been addressed by the appellate courts, then there is inherently some uncertainty about what the appellate court will decide. These typically make good appeals. Therefore, if you case involves the interpretation of a new statute, you should be prepared that an appeal may be forthcoming.
Application of Existing Statutes in a New Way
Perhaps the statute at issue is not new, but a party is asking the court to apply it in a way that has not been done before. These cases also raise questions about how broadly or narrowly a statute should be interpreted and they make for good appeals. In addition, if a party is trying to use the case as a vehicle to create precedent for the future, that is a good sign an appeal is likely.
Evidentiary Rulings Regarding Key Pieces of Evidence
Ordinarily, rulings regarding what evidence can or cannot be presented at trial are poor issues for appeal because the trial court is given significant discretion in these decisions. However, in some cases there is one key piece of evidence without which a party cannot prove their case. If there is a reasonable argument that the evidence should have been excluded when it was admitted, or should have been admitted when it was excluded, it could make sense to appeal because reversal would have a big impact on the case.
The Presence of Certain Parties or Attorneys
Certain parties have a history of frequent appeals. Likewise, some attorneys are known for their appellate practice. When these people make an appearance in your case, it can be a good sign that someone is considering an appeal.
Of course, it is not possible to predict every appeal, but if one or more of these signs is present in your case, it may be a good idea to plan ahead and prepare for the possibility of an appeal. If you believe an appeal is likely in your case, please contact Michelle Kuhl for more information.