Legal Question in Family Law in Missouri

How to Appeal Judgement

My attorney failed to submit evidence and witnesses at trial which I thought was important in proving my case during the divorce process. How do I submit an Appeal against the judgement before it becomes final?


Asked on 9/21/06, 9:40 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: How to Appeal Judgement

You have a very limited time within which to act or else you lose the right to appeal the judgment.

First you should make an appointment and meet with an attorney who handles appeals. Most of us charge for the time it takes to meet with the client and do the initial work necessary to even determine if further legal efforts should be made. If it is determined that you should proceed, your attorney must prepare and file a Motion for a New Trial and then schedule a date in the trial Court to argue that Motion. Most of those Motions are denied by the trial Court, but they are absolutely necessary. After the trial Court denies the Motion, the attorney must file a Notice of Appeal, and other pleadings in both the trial Court and the Court of Appeals. Then the attorney must Order the transcript of the trial from the Court Reporter, and prepare the Legal File for the Court of Appeals and this must be paid for by the client. Then the attorney prepares the Record on Appeal which will include pleadings, exhibits and perhaps other items. The costs of preparing this must be paid for by the client. Then the Attorney prepares the Appellant's legal Brief, which often requires a great deal of legal research and writing. Also, the actual publishing of this Brief is an additional cost the client must pay. If the other side files a Response Brief, your attorney would have an opportunity to file a Reply Brief. (More costs for the client). Finally, the Court of Appeals may grant Oral Argument so the attorney would need to prepare and then appear in the Court of Appeals. I would estimate that the entire process will cost anywhere from $10,000 upwards in attorney's fees depending upon a variety of factors in additon to all of the costs involved. This is intended only to give you a generalized overview of the process and some idea of the costs involved. If you would like to call for an initial consultation, I can advise you as to my charges for reviewing the matter.

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Answered on 9/23/06, 12:15 am


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