The legal system does not always produce the right outcome the first time. If a trial results in an unfair ruling, a party may have the right to appeal the decision to a higher court. An appeal is not a new trial but a legal process that allows a higher court to review whether legal errors occurred that affected the outcome of a case.
In Nevada, appeals are governed by strict rules and deadlines, making it critical to understand how the process works. Whether you are considering an appeal after a civil trial or need to respond to an appeal filed by the opposing party, knowing your rights and legal options can make a significant difference.
What Is an Appeal?
An appeal is a request for a higher court to review a lower court’s decision. The appellate court does not retry the case, accept new evidence, or hear testimony. Instead, it examines the legal arguments presented in the original case to determine whether any mistakes of law or procedural errors affected the outcome.
Common reasons for filing an appeal include:
- Misapplication of the law: The trial court applied the wrong legal standard.
- Errors in evidence admission: Improperly admitted or excluded evidence influenced the verdict.
- Jury misconduct: Jurors acted improperly, such as considering outside information.
- Judicial bias or error: The judge demonstrated bias or made a significant legal mistake.
The appeals process is complex, requiring a thorough legal analysis and written briefs to persuade the appellate court to overturn or modify the lower court’s decision.
What Types of Cases Can Be Appealed?
In Nevada, both civil and criminal cases may be eligible for appeal. A party in a civil case may appeal if they believe the court made a legal error in awarding damages, ruling on liability, or applying the law. Common types of civil appeals include:
- Personal injury cases: If a plaintiff or defendant disagrees with the damages awarded or liability determination.
- Business disputes: When contract disputes or financial matters are resolved unfairly.
- Family law cases: Disputes over child custody, alimony, or property division.
- Employment law cases: Wrongful termination or workplace discrimination claims.
A defendant convicted of a crime may appeal their conviction or sentence if they believe a legal error affected the outcome of their trial. Unlike civil appeals, criminal appeals focus on issues such as improper jury instructions, ineffective legal counsel, or constitutional violations.
What Are the Steps in the Nevada Appeals Process?
The appeals process follows a structured procedure, and failing to meet any deadlines can result in the case being dismissed. There are key steps in filing an appeal in Nevada:
Notice of Appeal
The first step in an appeal is filing a Notice of Appeal with the trial court that issued the original ruling. This must typically be done within 30 days of the judgment. Missing this deadline can forfeit the right to appeal.
Preparation of the Record on Appeal
The trial court compiles the record on appeal, which includes transcripts, evidence, motions, and other documents from the trial. This record is the foundation of the appellate court’s review.
Appellate Briefs
Both parties submit written arguments known as appellate briefs. The appellant (the party appealing the decision) must outline legal errors made in the trial and explain why the verdict should be overturned or modified. The appellee (the party defending the trial court’s ruling) submits a response arguing why the decision should stand.
Oral Arguments (If Required)
In some cases, the appellate court may schedule oral arguments, allowing attorneys from both sides to present their positions and answer the judges’ questions. However, not all appeals require oral arguments—some are decided based solely on written briefs.
The Appellate Decision
The appellate court reviews the case and issues a decision. The court may:
- Affirm the lower court’s ruling, leaving the decision unchanged.
- Reverse the ruling, changing the outcome of the case.
- Remand the case and send it back to the trial court for further proceedings.
Decisions are typically issued in writing, explaining the legal reasoning behind the ruling.
How Long Do I Have to File an Appeal in Nevada?
Under Nevada law, the deadline to file a Notice of Appeal is generally 30 days from the date of judgment in civil cases. Criminal cases may have slightly different timelines, depending on the conviction and circumstances.
Appeals involving post-trial motions, new evidence, or procedural delays may extend the timeline, but strict deadlines still apply. Missing an appeal deadline almost always results in the loss of the right to challenge a ruling.
What Happens if an Appeal Is Denied?
If the appellate court denies an appeal, the original ruling remains in place. However, in some cases, the losing party may be able to request a rehearing or appeal the case to a higher court.
In Nevada, most appeals go to the Nevada Supreme Court. The Nevada Supreme Court handles major appellate cases and issues of state law. In addition, the Nevada Court of Appeals handles cases assigned by the Supreme Court for review.
If all state-level appeals are exhausted, a party may petition the U.S. Supreme Court, but only in cases involving federal constitutional issues.
Why You Need an Attorney for an Appeal
Appeals require a deep understanding of appellate law, strong legal writing, and the ability to analyze trial records for errors. An experienced appellate attorney can:
- Identify legal mistakes in the original trial
- Draft persuasive appellate briefs outlining the errors and their impact
- Argue the case before appellate judges if oral arguments are required
- Navigate Nevada’s complex appellate court procedures and deadlines
An appeal is not a second trial. Appeals are highly technical processes that require precise legal arguments. Having an attorney with experience in Nevada’s appellate courts significantly increases the chances of a successful appeal.
Contact De Castroverde Accident & Injury Lawyers in Las Vegas, NV
If you believe a legal error affected the outcome of your case, you may have grounds to appeal. The appellate attorneys at De Castroverde Accident & Injury Lawyers have over 100 years of combined experience and have recovered hundreds of millions for clients. The firm is recognized by Chambers and Partners, Best Lawyers in America, and Super Lawyers’ Rising Stars for its commitment to legal excellence.
Our team can review your case, determine whether an appeal is the best option, and guide you through every stage of the process. Call us at (702) 222-9999. Visit De Castroverde Accident & Injury Lawyers to schedule a consultation and discuss your appellate options today.
