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Appeals

In Arizona, after the judge’s “Final Judgment” is issued by way of “Decree of Dissolution” then the 30-day time limit begins to run in order to file a “Notice of Appeal.” This is the first step in the Appellate process. The grounds for “Appeal” are much broader than those allowed for a “Motion for New Trial” and are usually based on a judge’s erroneous ruling during trial. If the judge improperly admits or excludes evidence over the trial attorney’s objection (as this is the only way for the record to be preserved), then an Appellate Brief can be filed with the Arizona Court of Appeals. It is not uncommon for the Arizona Court of Appeals to find that a trial judge committed an error, yet rule that it did not rise to a high enough level known as “reversible error.” Instead this means that they found his error was “harmless error,” and they will not reverse the Judge’s Final Judgment.
If the Arizona Court of Appeals does determine that the error was harmful to a case, then they can “Remand” the case back to the trial court for a “New Trial.” The Cantor Law Group has an extensive Appellate Brief/Pleading Library.

Because each case is different, it is important that you contact us or call us at (480) 858-0808 in order to set a free initial consultation with The Cantor Law Group to discuss the individual facts of your case.

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