Austin, TX asked in Family Law, Adoption, Antitrust and Appeals / Appellate Law for Texas

Q: How do I file my evidence in appeallant federal court if my Attorney's not responding nor submitted ever

2 Lawyer Answers
Charles William Michaels
Charles William Michaels
PREMIUM
Answered
  • Appeals & Appellate Lawyer
  • Baltimore, MD

A: First, I am not a Texas attorney. That being said, generally there is no evidence presented at the appellate level. The case proceeds from a final judgment of the trial court and whatever evidence was presented there.

Katie Marie Charleston
Katie Marie Charleston
PREMIUM
Answered
  • Appeals & Appellate Lawyer
  • Carmel, IN
  • Licensed in Texas

A: Appellate cases are much different than trial. The purpose of an appeal is to reverse a trial court decision, but that only happens if there was an error in law or procedure. The appellate attorney will review the trial court case, including the transcript and evidence submitted to determine grounds for appeal. The appellate attorney will then write a brief that is submitted to the court with your argument for the appeal. Sometimes the court will rule on the brief alone and sometimes the court will request oral argument. Oral argument is more like a closing argument in trial than putting on evidence. If your attorney is not responding, I suggest you check the time requirements for your appeal with the court or seek additional counsel. Best of luck!

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