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Questions

Questions about appeals

How long do I have to appeal?

Not long. In most courts the notice of appeal is due within weeks of the final judgment, and the exact time depends on the court and the kind of case. Missing it usually ends the appeal before it starts, so call as soon as the judgment is entered.

Do I need a different lawyer for the appeal?

You don’t have to have one, but many people bring in an appellate lawyer, and many trial lawyers suggest it. An appeal is written argument about the law, read by judges who weren’t in the courtroom.

Will there be a new trial?

Sometimes. If the appellate court finds an error that mattered, it may order a new trial, a new sentencing or a new hearing. Often it decides the question itself and sends the case back with instructions.

How long does an appeal take?

Months, and often more than a year from the notice of appeal to a decision. The transcript and the court’s calendar set much of the pace.

Can the appellate court change the facts the jury found?

Rarely. It defers to the jury and the trial judge on facts, and looks hard at the law: the rulings, the instructions and whether the evidence could support the verdict at all.

What will it cost?

Appeals are priced by stage, each fee written down before that stage begins. Transcripts and filing fees are paid separately to the court reporter and the clerk.

Do you take appeals from outside Annapolis?

Yes. Appeals are decided on paper, and Honora takes them from trial courts across the state and in federal court. Clients who can’t come to Franklin Street meet by video.

I’m a trial lawyer. Will you take over my client?

Only if you both want that. Most of the time Honora works beside you, and the client stays yours.

A question that isn’t here?

Ask it on the phone. The first call is about the deadline and the issues, not a sales pitch.