If you find yourself wanting to appeal a case, it is most likely that you have lost your case at the trial level. In Massachusetts, you have have lost a civil case in the Massachusetts Superior Court, for example.
An appeal is not just a “do over.” You do have a right to appeal to the Massachusetts Appeals Court, but winning there is another matter. To have a chance of prevailing, you generally must demonstrate that the Superior Court judge committed an error of law — for example, that she excluded key evidence that would have helped you.
To give a more specific example, let’s say you were the Plaintiff — the party bringing the suit — in Superior Court. Let’s say that the defendant moved for summary judgment, and the Court threw your case out.
On appeal, you might be able to argue that the Superior Court misapplied the law in granting the defendant summary judgment.
Any given case may offer multiple appellate issues. But appellate law is a complex, every changing area, so it’s important to receive skilled counsel in this area.
To find out the first step to a successful appeal, click here.
