An appeal is a formal request to reverse the decision of the trial judge. Appeals may be filed in all types of family law cases in both Oregon and Washington, including not only divorce or custody cases, but also restraining order hearings, modifications, and others.
Appeal Process
The process for an appeal is very different from the trial process. In a divorce or family law trial, the parties appear in court and usually have to testify. In contrast, in an appeal, there is no new testimony or evidence. Instead, the testimony and evidence from the trial is reduced to writing and sent to the appellate court for review. In almost all cases, the appellate court’s job is to determine whether or not the trial judge correctly applied the law. The legal issues are debated in highly technical briefs which are submitted by attorneys for both sides. After reviewing the evidence from the trial court and reading the appellate briefs, the court of appeals decides whether or not to override the decision of the trial judge. In rare cases, the decision of the court of appeals is subject to further review by the state supreme court.
Our Appeals Services
Cases that are appealed tend to be complicated, contentious or both. As a result, choosing the right attorney for your appeal is especially important. Gearing Rackner & McGrath offers appellate representation for family law and divorce cases in all of the Oregon appellate courts. Our Oregon appeal attorneys also consult with our trial attorneys so that potential issues for appeal are appropriately managed at trial.
Schedule a Consultation
If you require an appellate attorney for your Oregon divorce or custody case or are looking for a trial attorney with access to in-house appellate expertise, call us at 503.222.9116 or write to us to learn more about how we can help you.