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What are my options after an unfavorable decision?

On Behalf of | Sep 29, 2023 | Business Law News, Construction Law News, Estate Planning News, Family Law News, Insurance Defense News

There is always a degree of unpredictability about judges and juries.

Even when the overall process is fair, Denver-area residents and businesses can walk away surprised and extremely disappointed about a final decision. Unfavorable court decisions happen even when a party did their best work preparing for and arguing their case.

Being on the receiving end of this type of decision is more than just about having to accept a defeat. Often, the party on the receiving end also legally owes much more money than they anticipated.

They may also be subject to court orders which can hinder or even cripple their chances of reaching personal or business goals. This is true no matter what type of case they are pursuing.

They also may fear that one unfavorable outcome can lead to others since courts tend to follow each other’s lead.

The good news is that Colorado residents and those businesses that operate in this state do not have to just accept the trial judge’s decision as the last word.

Sometimes, it is best just to move on after a disappointing result in court. In other situations, negotiation is still possible even if the other side seems to have the upper hand.

Appeals can provide important legal relief

After an unfavorable judgment in any type of case, a person may choose to appeal. There are a few things to remember before doing so:

  • Appeals are not do-overs. The appellate court will review the decision to make sure there were no legal mistakes that might have changed the result. The appellate court will not re-hear evidence or make decisions about who to believe when there are conflicting stories.
  • Appellate courts do not have to and frequently do not change decisions. They often simply send the case back to the original court for a new trial or additional proceedings.
  • These courts are generally interested only in final decisions. Frequently, a party must wait for an actual unfavorable decision before they appeal, even if they clearly see a disappointing result in their future.

In cases that start in Colorado’s state courts, parties usually appeal to the Colorado Court of Appeals. Federal cases get appealed to the United States Court of Appeals for the Tenth Circuit.

Appeals are a complicated area of law

Appeals are a complicated area of the law. Practically, there are a lot of rules specific to the appellate process. Not being aware of these rules, which include certain deadlines, can in some cases cost a person their option to appeal.

Furthermore, decisions about whether to pursue an appeal at all, and which issues to appeal, are critically important. The outcome of an appeal often turns around how a party presents their issues to an appellate court.