Appeals Lawyer in Eagle, ID
Also Serving Family Law Clients in Star, Boise, Meridian & Surrounding Areas
In Idaho family law, an appeal is a legal procedure that allows a party to challenge a lower court's decision in a higher court. This process is initiated when a party believes a ruling is unjust or erroneous due to a misinterpretation of the law or a misapplication of the law to the facts.
However, an appeal is not a retrial or a new chance to present the case. Instead, it's typically a thorough review of the legal proceedings that took place in the trial court.
Why engage a lawyer who has substantial experience with appeals? Appellate law is a distinct realm of legal practice with unique sophistication and complexities. Unlike trial advocacy, which involves gathering evidence and presenting facts, appellate advocacy requires different skills. These include precise legal research, persuasive argument construction, and the ability to identify and articulate complex legal errors.
For an appeal to succeed, it's essential to have a lawyer who is well-versed in the appellate process and can navigate the complex legal terrain effectively.
Gem State Family Law is distinguished by its strong appellate advocacy led by Attorney Frank A. Leavitt. With exclusive experience in family law, and extensive experience in family law appeals, Mr. Leavitt excels in identifying legal errors and presenting compelling arguments that can turn the tide of a case.
Our firm takes a meticulous approach to each appeal, ensuring that every potential issue is examined and every argument is carefully constructed. As a trusted name in Idaho family law, we are dedicated to preserving your rights and interests and helping you attain the justice you deserve.
Discuss your case in a confidential case evaluation with our Eagle appeals attorney. Contact us online or call Gem State Family Law at (208) 203-7422.
Appellate Court Cases
In an appeal, a brief is a written legal document submitted to the appellate court by a party involved in the case. This document outlines the facts of the case, the legal issues involved, the party’s arguments regarding these issues, and the legal precedent supporting their position.
An appellant is the party who initiates the appeal, essentially challenging the decision or judgment of the lower court. The appellant believes a legal error occurred in the trial court's proceedings, adversely affecting their case outcome. The goal of the appellant is to convince the appellate court that such an error did occur and, therefore, the lower court's decision should be reversed or modified.
On the other hand, a respondent is the party who opposes the appeal. The respondent is usually the party who was successful in the trial court proceedings and thus seeks to uphold the lower court's decision in the appellate court.
The objective of the respondent is to convince the appellate court that no significant legal error occurred in the trial court or that any errors that did appear did not substantially impact the case's outcome and, therefore, the lower court's ruling should stand.
Briefs are essential to the appellate process, providing the judges with necessary insights into the case and forming the basis for the court's review.
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Written & Oral Arguments in Appeals
Appeals can involve both written and oral arguments. After the briefs are submitted, the court may schedule an oral argument. During this session, each party's attorney presents their arguments to the panel of judges, emphasizing the key points of their written briefs and answering any questions the judges may have.
An oral argument allows the judges to engage directly with the case's issues and the attorneys to clarify or elaborate on their written arguments. However, not all appeals go through oral arguments. Sometimes, the court may decide the appeal solely based on the written briefs. An example of a family law appeal: The court has awarded sole custody to one parent based on the belief that the other parent's work schedule is unsuitable for child-rearing. However, this ruling may seem unjust if the latter parent has flexible hours or can adjust the schedule to care for the child.
To appeal this ruling, the aggrieved parent must demonstrate that the court's assessment was flawed or biased, suggesting that a different conclusion could be reached based on the same facts. Different standards of review apply to distinct kinds of family law issues. An adept attorney will be able to analyze your case in light of the legal standard the appellate court will use.
Idaho Appellate Courts
In Idaho, family law appeals are typically first heard by a District Judge and may then move to the Idaho Supreme Court. Filing an appeal is subject to strict deadlines, generally within 42 days of the lower court’s judgment or order. The process can be lengthy, depending on the court’s schedule.
You can turn to a proven Idaho appellate lawyer at Gem State Family Law. If you believe your family court outcome was unfair due to errors or misinterpretations of Idaho law, we strongly recommend you get a case review from our Eagle appeals lawyer. A review can determine if you have grounds to pursue an appeal and what your case would entail.
Schedule a confidential appeal case assessment by contacting us at (208) 203-7422.
Client Testimonials
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"Frank treated my family as if it were his own, tirelessly working to help me in my custody case!"
From the first day I met Frank I knew he was the only choice! Frank treated my family as if it were his own, tirelessly working to help me in my custody case! I feel as if I have not only gained my daughter back in my life but have also gained a family friend for many years to come! If you need someone who is not only hardworking and passionate but also honest caring and attentive toward specific needs and desires in your case then I highly recommend Frank! Thanks, Frank! I have my daughter back because of you!!!
- Richard S. -
"If you are looking for an attorney who will aid in making you feel confident, comfortable, and knowledgeable, look no further than Frank Leavitt."
If any of my friends are in need of a fantastic family law attorney, I wouldn't hesitate to give them Frank's contact information. From beginning to finish, he was kind, realistic, and prompt with returning phone calls or taking care of anything that needed to be done on my behalf. In addition to his unwavering professionalism, he never hesitated to ease my worries or concerns. If you are looking for an attorney who will aid in making you feel confident, comfortable, and knowledgeable, look no further than Frank Leavitt.
- J.J. -
"Frank is an amazing attorney and will fight for you tooth & nail."
This can be a lengthy review so I'll keep it brief & provide the "need to knows". You need to know: The team is committed to you & your case. Although juggling multiple & various levels of difficulty, court cases, you area always made a priority and handled with the utmost care and respect. Frank is an amazing attorney and will fight for you tooth & nail. Once you two agree on a plan, he will run into a brick wall for you no matter who he has to combat. Frank will always shoot truth and never hype a situation to be what it isn't. I could say more and more, but I think you understand the drift. Not even a question, you should sign on & hire this family team. Frank will be family to me long after my case is resolved. That's the bond we've built. Not to mention, Frank's suit game is impeccable.”
- Padric H. -
"I could not have gone through those proceedings without his advice, knowledge and expertise."
After a lot of research I chose Frank Leavitt to help me with a child custody matter and I am so happy I did. He is wonderful, I felt he represented me expertly; I could not have gone through those proceedings without his advice, knowledge and expertise. Always punctual, kept me abreast of all happenings, always had my back in court.
- Shannon M. -
"I worked with Frank Leavitt and I can't say enough about how excellent he is to work with."
I can't recommend this law firm enough! They handled my issues with total professionalism with great advice. They weather the storm for you so you can keep your blood pressure down. I worked with Frank Leavitt and I can't say enough about how excellent he is to work with. THANK YOU!!!!
- Troy G. -
"Frank is effecient, honest, and professional. I couldn't ask for a better Law Firm."
After filing for my divorce with previous council and not getting the results I was expecting. I came to Leavitt Law Firm and got the best service I could ask for. After relaying my case to Frank. He fixed all the screw-ups my previous attorney failed to achieve. Frank is effecient, honest, and professional. I couldn't ask for a better Law Firm. Thanks, Frank
- Elvin B. -
"Words can’t begin to describe what an amazing job he did in my case."
If you are looking for a family law firm to help with your custody matter, contact Leavitt Law Firm and set up a consultation with Frank Leavitt. Words can’t begin to describe what an amazing job he did in my case. He handled the madness in stride, gave sound advice and was well-versed in the issues at the time of all hearings. He was well prepared for everything. When things hit the fan, I was lucky to have him in my corner. He was kind, compassionate, patient, understanding as an individual and knowledgeable in both facts and law as an attorney. Again, call Frank if you need an attorney for family matters.
- Christopher F. -
"From someone who has gone through multiple attorneys and spent thousands and thousands, trust me when I say Frank Leavitt is the way to go!!!"
I hired Frank Leavitt for my custody case and I am so glad I did! I had gone through horrible attorneys prior, had spent over 20k in attorneys fees before finding him. I wish I had found Frank from the start! He returns all emails and calls, never have to wait more than 24 hours for a response from him. He listens to everything you have to say and is very sincere. He fought hard for me and my children, I can't thank him enough. The staff at Leavitt office is also very kind and attentive, also very clean inside. From someone who has gone through multiple attorneys and spent thousands and thousands, trust me when I say Frank Leavitt is the way to go!!!
- Jasmin L.
