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  • Writer's pictureThe Law Office of Dailey & Pratt

The Process of Preparing and Litigating Your Court Appeal

If you’re considering appealing a past case or have been served with a Notice of Appeal, the law office of Dailey and Pratt can help you prepare and litigate your appeal with the best chance of success.

Here’s what to expect when working with our team on your court appeal:

Case Assessment

When you contact our office, we will consult with you and learn about what happened in the trial court. We will also review the trial court’s order, any transcripts you have, and do some initial research about the legal issue you face. We will then have an honest discussion of the work required to defend your rights in an appeal.

If you have been served with a “Notice of Appeal,” meaning that the other party is appealing a decision, we will meet with you and discuss your chances of success in defending against an appeal. Again, we will provide a straightforward evaluation of the merits of your case and will discuss the process to defend your rights.

Review the Record

Once we assess your case based on the initial information, we will read the full record from the trial court to understand exactly what happened in the trial court. That way, we can draft a persuasive brief and make compelling arguments on your behalf with the full knowledge of what you are appealing or defending.

Brief Preparation

Once we have filed the initial documents and received the record, we will prepare a brief (called either an Opening Brief or an Answer Brief, depending on whether you are bringing or defending against the appeal). The brief will contain considerable legal research and will be carefully crafted to tell your story in the most persuasive way. We will ensure we meet all deadlines and will communicate with you and the appellate court to ensure your case is pursued diligently.

Appellate Court

Once the case is fully briefed, we will discuss whether an oral argument will help you win your case. In the Colorado Court of Appeals, either party can ask for an oral argument. If the court allows oral argument, both attorneys will go to the courthouse in Denver and will argue the case, answering questions from the judges. We prepare carefully and comprehensively to be your best advocate in front of the Court of Appeals.

Supreme Court

Sometimes, you may disagree with the ruling of the Colorado Court of Appeals. In that case, you can file a Petition for Certiorari with the Colorado Supreme Court. That court does not have to hear your case, but if it does, we will brief your case again, this time for a 7-member court. The Colorado Supreme Court hears oral arguments on almost every case, so your case will likely be argued live before the Justices.

Finally, but very rarely, you may have an issue that needs to be resolved by the Supreme Court of the United States in Washington, D.C. If you have such a case, we will discuss the options for asking that Court to review your case.

Colorado Appellate Attorneys

Here at The Law Office of Dailey and Pratt, our experience with appeals can help you navigate the complex legal and procedural issues in your case. The deadlines in these cases can be short, so do not wait to contact an attorney to receive advice and advocacy. Because most of the work is research and writing, we can consult on and take appeals from any trial court in the state of Colorado. Contact us today to learn more and get started with your appeal.


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