“Post-Judgment Challenges & the Right to Appeal”
Nelofar Agharahimi authored an article for Bloomberg Law exploring often-overlooked post-judgment procedures throughout litigation that can present challenges down the road.
“It is critical to consider post-judgment procedures as appellate rules and procedures can truly change the outcome of a case,” Agharahimi said.
The article highlights the types of appeals, the benefits and disadvantages of discretionary appeals and how to follow the proper procedures when filing appeals.
Most jurisdictions have two types of appeals: appeals as a matter of right guaranteed by the law and discretionary appeals that the higher court may consider but is not required to. Each state has its own court system and determines whether its appellate jurisdiction is based on appeals as a matter of right or discretion. The nature and procedural posture of each case influences whether the appeal is a matter of right or discretionary, and different jurisdictions treat the process differently.
Discretionary appeals offer some advantages for jurisdictions using them, such as offering appellate courts the opportunity to evaluate whether the issue on appeal should be heard within its busy schedule. It also offers the appellate courts an opportunity o focus their attention and limited resources on matters of great importance. However, discretionary appeals can impose an obstacle to the party in a case filing an appeal as the opportunity to challenge a ruling is not a given. Further, the right to file an appeal can be denied based on mere technicalities, which is a huge disadvantage for those not as familiar with post-judgment procedures.
While there is a lot of variation in how appeals are handled based on case-specific factors and jurisdiction, Agharahimi offered a few important steps to consider in post-judgment, including:
- Consider the nature of the case;
- Evaluate the jurisdictional rules;
- Determine whether the appeal is a matter of right or discretionary; and
- Verify deadlines with the local rules to ensure that the appeal is timely filed.
For the full article, please click here