Once you file your appeal, your records, and the transcripts in your case, you should create a brief outlining your argument in the appeal. The opposing party reads the brief to the judge. If you would like, you can use the brief and turn it into an oral argument, which can get presented to the court. The oral argument will consist of the arguments that you have outlined in your brief. You can go into more detail and explain your reasoning to ensure that the court fully understands the errors that you feel occurred during your trial.
Making an Argument
It is important to keep in mind that you do not have to make an oral argument, but if you wish to further explain your brief and the arguments that you are making in your appeal, you can do so in a 20-minute oral argument. During this time, you can also answer any question that the judges have about your brief and your arguments.
In many cases, making the argument can strengthen your appeal. This happens because you can clarify any issues that the judge has with your brief and make sure that your arguments get understood. You don’t want to lose your appeal due to a miscommunication, and taking advantage of the oral argument can ensure that a judge or the judges in your case fully understand what you are appealing and why.
Hiring a Lawyer
You might feel uncomfortable making an oral argument, but you should not worry about this. Your appellate lawyer can walk you through this process. They can make sure that you know what you are going to say and prepare you to answer any questions that are asked. This can help you feel comfortable going into the oral argument. There is no reason to be nervous if you have fully prepared for the oral argument, and taking advantage of this opportunity can help your appeal.
Of course, there are some situations where it is not necessary to make an argument, and some situations where you will not want to make one. If you don’t want to make an oral argument, you can waive this right. Deciding to make an oral argument or to waive this right is a personal decision that will vary from case to case. It is in your best interest to discuss the argument with your lawyer before you make a decision. An appellate lawyer will have the experience in appeals and the appellate court to help you decide on the best course of action. To learn about your brief, will be the basis of your oral argument, check out or briefs and reply briefs page.