Confidently Pursue A New Hampshire Appeal With A Nashua Appeals Lawyer
It can be harrowing to receive an unfavorable judgment after a long legal battle. However, when there is an established legal precedent and the judgment is wrong, you may have a case for appeal. Likewise, it is equally frustrating to receive a favorable judgment and be confronted with an appeal on a case you thought was finished.
Hamblett & Kerrigan, P.A., was founded in Nashua in 1889. Our experienced appellate lawyers help clients throughout New Hampshire. Whether you would like to appeal your judgment or the other party in your case has filed an appeal, our appellate advocates provide honest evaluations and straightforward advice.
How Do Appeals Work In New Hampshire?
The New Hampshire Supreme Court reviews decisions from the Circuit Courts and the Superior Courts throughout New Hampshire. It is important to note that an appeal is not a chance to present new evidence. The Supreme Court cannot order something that the lower court has never heard. The decision of the Supreme Court can:
- Reverse the trial court’s decision
- Affirm the trial court’s decision
- Remand the case back to the trial court to be retried
By reviewing a case on appeal, the Supreme Court has the power to overturn prior rulings and establish new legal precedents. By issuing a decision, the Supreme Court provides guidance to the lower courts and litigants. These decisions also facilitate consistency in future lower court rulings.
How Can You File An Appeal In New Hampshire?
Rule 7 of the New Hampshire Supreme Court Rules provides guidance to appellants as to how to file for an appeal. First and foremost, timelines to file an appeal are strict. A Notice of Appeal is generally required to be filed within 30 days of a Final Order that is being appealed. The Notice must also explicitly state if the appeal is a mandatory appeal or a discretionary appeal.
Once an appeal is accepted, there are also lengthy rules governing how the appellate briefs have to be filed. Once all briefs and arguments have been presented to the Supreme Court, the court takes the matter under advisement. It can take several months for the court to issue a ruling on an appellate case.
Understanding The Difference Between Mandatory And Discretionary Appeals
There are two different types of appeals in New Hampshire. The two types of appeals are:
- Mandatory appeals: The Supreme Court is required by law to hear a mandatory appeal. Mandatory appeals include trial court decisions that were made on the merits of a case.
- Discretionary appeals: In a discretionary appeal, the Supreme Court has the discretion to decide whether or not to hear the appeal. Discretionary appeals can include non-final orders, sentence modifications, post-conviction reviews or interlocutory appeals.
In a mandatory appeal, the Supreme Court will review the court record and evaluate the trial court’s rulings on the evidence and testimony. Specifically, the Supreme Court will determine if there was an error in the application of the law. It will assess whether there was insufficient evidence. It will also look for significant procedural errors. In a discretionary appeal, the Supreme Court will often choose cases that can guide the lower courts on issues where legal precedent is not as well established.
When Can The New Hampshire Supreme Court Overturn A Lower Court Ruling?
When reviewing a lower court decision, the Supreme Court compares the lower court’s decision to an existing statute or already established case law. If it finds the lower court erred or abused its discretion in making the order, the Supreme Court has the authority to overturn the lower court’s decision.
How Does The New Hampshire Supreme Court Establish New Legal Precedent?
Sometimes, the Supreme Court will choose to review a case because it involves unique facts. By hearing the case, they are providing guidance for future similar situations. Other times, an amendment to a statute might require a new interpretation of a law, thereby establishing new legal precedents.
Litigation Attorneys Working For You
Our experienced appellate lawyers are well-versed in the complex process of appeals. As seasoned litigators, they understand the requirements to preserve our clients’ appellate rights and make persuasive arguments. In addition, they closely follow the current trends of the New Hampshire Supreme Court.
It is an extremely high standard to have your case chosen for review on an appeal. If you are considering an appeal, our legal team of appellate attorneys provides honest assessments and straightforward advice on your possible next steps.
Evaluate Your Appeal With A Nashua Appeals Lawyer
Our appellate lawyers are available by appointment to discuss your case and evaluate your options for a potential appeal. To schedule an appointment, you can call our office at 603-825-5411. You can also reach out by sending us a message through our website.
