Q: When you file an appeal will it be in the same county? Same judge?
A: Your appeal will not be heard by the same judge. And the physical location of the hearing will be at the appeal courts building.
A:
An appeal typically goes initially to the court of appeals for the appellate district of the county in which the trial court is located. If the trial court is in a county that is assigned to more than one appellate district, the appeal will be randomly assigned to one of the applicable appellate courts (e.g. the Houston area has two overlapping appellate districts--the 1st and 14th).
In order to keep the caseload of the various appellate courts balanced, from time to time a case may be reassigned "to equalize the dockets" to a different court of appeals.
The trial judge who presided over a case in the trial court is precluded from sitting on the panel of appellate justices assigned to hear that case on appeal. On appeal, there will be three new justices on the court of appeals panel which decides the issues presented on appeal.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
