The appellate attorneys at Tahlequah Lawyers bring more than five decades of combined experience to clients facing the most unfavorable court outcomes. Whether you’re appealing a civil judgment, a criminal conviction, or an administrative ruling, our legal team is equipped to handle the complex and time-sensitive appellate process in both Oklahoma state and federal courts. We will explain what appellate law involves and how our Tahlequah-based appellate lawyers can help you pursue justice through the appeals process.
What Is an Appeal in Oklahoma?
An appeal is a formal, often bound booklet request that asks a higher-standing court to review the decision of a lower court. Appeals arise in nearly every area of law, including:
- Civil litigation
- Criminal defense
- Family law
- Probate and estate matters
- Administrative rulings
- Unemployment hearings
The governing of the appellate process is through special procedures and strict deadlines. Failing to comply with these rules can seriously harm your chances of success. Thatâs why working with a skilled appellate attorneyânot attempting self-representationâis critical to preserving your rights and pursuing a favorable outcome.
When Does an Appeal Begin?
The appellate process begins immediately after an unfavorable ruling or judgment is issued. Strategic post-judgment motionsâsuch as motions for a new trial, motions to reconsider, or motions to vacateâmust be handled with great care. Errors at this stage can waive your right to raise certain issues on appeal. Contacting an appellate attorney as soon as possible after receiving an adverse decision is critical. The first step is to determine whether your case presents one or more âappealable issues.â
Identifying Appealable Issues
Not every loss in court is grounds for an appeal. An appealable issue typically involves a reversible legal or procedural error made by the trial court. Examples include:
- Misinterpretation of the law
- Improper admission or exclusion of evidence
- Violations of constitutional rights
- Lack of jurisdiction
- Biased rulings or improper instructions to the jury
Our appellate attorneys will thoroughly review the entire trial court record, the judgment, and the applicable laws to identify whether reversible errors occurred. Often, multiple appealable issues exist in a single case.
Civil Appeals in Oklahoma
A civil appeal arises when a party is dissatisfied with a final judgment in a civil case. These cases include:
- Breach of contract
- Real estate disputes
- Probate litigation
- Personal injury claims
- Divorce and custody rulings
- Business and partnership conflicts
Civil appeals in Oklahoma are filed with the Oklahoma Supreme Court, which may assign the case to the Oklahoma Court of Civil Appeals. That court reviews the case using the appropriate âstandard of reviewâ and issues one of several possible decisions:
- Affirm â The appellate court agrees with the lower courtâs decision.
- Reverse â The appellate court disagrees with the lower court and overturns the judgment.
- Reverse with Instructions â The appellate court overturns the decision and directs the lower court to issue a specific new judgment.
- Remand â The appellate court refers the case to the lower court for further proceedings.
If the outcome in the Court of Civil Appeals is unfavorable, a party may seek further review by the Oklahoma Supreme Court. In rare cases involving federal constitutional rights, a party may petition the U.S. Supreme Court by filing a Writ of Certiorari.
Criminal Appeals in Oklahoma
Criminal appeals challenge the legal basis of a conviction or sentence. In Oklahoma, criminal appeals will go to the Oklahoma Court of Criminal Appealsâthe highest court for criminal matters in the state.
A criminal appeal has to be based on certain errors, such as:
- Violations of constitutional rights
- Improper jury instructions
- Prosecutorial misconduct
- Insufficient evidence
- Incorrect sentencing
Criminal appeals are an essential legal tool that holds prosecutors and trial courts accountable when they . If the Court of Criminal Appeals denies a defendent’s relief, they may petition the U.S. Supreme Courtâthough the court rarely grants them.
Step-by-Step Overview of the Appeals Process
Civil Appeals
- Petition in Error â The appellate process begins with this document, summarizing the trial outcome and identifying the legal issues on appeal.
- Designation of Record â The appellant identifies the trial transcripts, exhibits, and pleadings relevant to the appeal.
- Briefs â Each side submits written arguments. The appellant files the Brief in Chief, the appellee responds, and the appellant may submit a reply.
- Oral Argument â In some cases, the court may allow or request oral argument.
- Decision â The appellate court will look over the record and briefs, then they will issue a written opinion.
Criminal Appeals
- Notice of Intent to Appeal â This document must be filed promptly after judgment to preserve the right to appeal.
- Designation of Record â Identifies relevant documents and trial transcripts.
- Petition in Error â Must be filed within 90 days of the final judgment.
- Briefing â Both sides file written arguments similar to the civil process.
- Oral Argument â May be allowed in select cases.
- Decision â The court issues an opinion resolving the appeal.
Why Choose Our Tahlequah Appellate Lawyers?
The appellate process is highly technical, often involving different strategies than trial-level litigation. Success requires command of Oklahoma appellate rules, deep knowledge of the laws, strong legal research, and the ability to frame persuasive legal arguments. With the many years of experience under our belts, our appellate attorneys are ready to evaluate your case, identify appealable issues, and craft compelling arguments on your behalf. We handle appeals in both state and federal courts across Cherokee County. If youâve received an adverse ruling and are considering an appeal, donât wait. Time is critical. Contact the experienced appellate attorneys at Tahlequah Lawyers for a free and confidential consultation. Call us at 539-867-2321 or click here to submit an online legal question.