Appellate

Pietragallo’s Appellate practice includes the following services:

 

  • Preparing or responding to post-trial motions
  • Preparing or responding to appeals, petitions and writs
  • Representation of amici curiae
  • Motion practice in the appellate courts
  • Consultation on selection and preservation of appeal issues
  • Petitions for judicial review of agency proceedings
  • Presenting interlocutory appeals
  • Obtaining stays, supersedeas and other relief from judgments pending appeal

 

Representing a client before an appellate court demands both a high level of legal expertise and precise courtroom skills – a combination of abilities that are the hallmark of the Appellate practice at Pietragallo.  Our attorneys have extensive appellate experience and a deep appreciation of the distinction between an appellate and a trial court – all of which can mean the difference between winning and losing.

 

A trial court has broad discretion to determine credibility of witnesses and weigh the evidence, while an appellate court has a very limited ability to make factual determinations.  The appellate court, however, often has much greater leeway in interpreting the law.  For these reasons, our attorneys understand that they cannot always make the same arguments to an appellate court that were made to a trial judge or jury.  Issues that seemed important at trial may not be as significant on appeal, while other points, which appeared trivial at trial, may prove to be reversible error on appeal.  New insight from an attorney familiar with appellate practice and the appellate court is almost always helpful in deciding whether to appeal and, if so, what issues to appeal.

 

Additionally, the rules that govern proceedings before an appellate court bear little resemblance to those that apply at trial.  An understanding of the unique procedures in each of the various appellate courts is critical to the efficient and successful handling of an appeal.  Our attorneys are thoroughly familiar with the rules, procedures and judges in each of the appellate courts in which our attorneys practice on a regular basis.  Thus, assistance from an appellate attorney can minimize the risk of a procedural defect fatal to an appeal.

 

Beyond traditional appellate litigation, Pietragallo provides legal and strategic counsel at the trial level.  We are able to identify possible appellate issues before, during and after trial.  We can also assist in framing those issues properly in anticipation that an appeal may become necessary and to ensure proper preservation of issues for appeal.

 

Finally, our attorneys are experienced at all appellate court levels, with a long record of successful representation of clients in appellate matters in federal and state courts, as well as administrative and land use agencies.