The law expects judges to preside over trials, review the case facts and evidence, and decide their rulings carefully and responsibly. However, for many possible reasons, judges can make errors in court. Nevertheless, since their mistakes would adversely affect parties’ rights, the law allows appeals due to judicial error.
What are examples of judicial error?
Judicial errors can happen in any case, whether criminal, civil or family law litigation. Some mistakes could go unnoticed, and nonlegal parties likely have no idea these errors could happen. Therefore, it is essential to have a meticulous and mindful legal team to catch any possible mistakes, examples of which include the following:
- Misapplying the law
- Wrongly including or excluding testimony and evidence during the trial
- Failing to relay clear jury instructions properly
- Finding a ruling that deviates from the facts of the case or the presented evidence
While an appeal is not a redo of the initial case, it will allow a review of the legal proceedings to determine whether there really was a mistake serious enough to cause injustice to one of the parties. If the appellate court finds that there was indeed a fatal mistake, it can overturn the initial ruling, nullify an order or place the case under reconsideration.
Establishing your standing to appeal
Appeals involve additional work and costs. It is essential for parties and their teams to ensure that there really is a ground to challenge the initial ruling. If you believe an error in your legal proceedings caused you damage or diminished your rights, explore your options to appeal. Similarly, if you are still determining whether you have a ground to appeal, consulting with a professional can help your case.