Oakdale, CA asked in Appeals / Appellate Law, Civil Rights, Construction Law and Libel & Slander for Idaho

Q: Can you appeal a civil court with or without prejudice if there is a counter claim from the defendent?

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: In Idaho, the ability to appeal a civil court decision depends on the specifics of the case and the nature of the judgment or order being appealed. An appeal can be filed whether the case was dismissed with or without prejudice. The distinction between with and without prejudice is significant: a dismissal with prejudice means the case is closed and cannot be refiled, while a dismissal without prejudice allows for the possibility of refiling.

If there is a counterclaim from the defendant, it generally needs to be resolved before you can appeal the main claim. Appeals typically address final judgments, and a pending counterclaim might mean the case is not yet finalized.

It's important to be aware of the appeal deadlines. These are strict, and missing them can forfeit your right to appeal. In Idaho, you usually have 42 days from the entry of the judgment to file a notice of appeal.

Given the complexities of appellate law, it's advisable to consult with an attorney experienced in this area. They can evaluate the specifics of your case, advise on the likelihood of success on appeal, and guide you through the appellate process.

Remember, an appeal is not a re-trial of the case but a review of the legal process and decisions to ensure they were correct and fair. Therefore, the focus will be on whether there were legal errors in the original trial that significantly affected the outcome.

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