In addition to business-related disputes, Evans Case also provides expert legal counsel in matters of Professional and Fiduciary Liability. Whether it’s defending against allegations of fiduciary misconduct or resolving estate-related conflicts, our attorneys bring deep knowledge and extensive courtroom experience to every case. We are dedicated to protecting the rights of our clients and achieving favorable outcomes in even the most challenging circumstances.
Understanding Civil Trials in Colorado
Civil trials are judicial proceedings involving disputes between private parties, which can include individuals, businesses, and government entities. Unlike criminal cases, which involve state prosecution for offenses against the public, civil cases typically seek to resolve disputes over rights, obligations, and damages.
Process in Colorado
An appeal is a legal process by which a party seeks review of a lower court's decision by a higher court. In Colorado, the appeals process is an integral part of the judicial system, allowing for the correction of errors and the development of legal principles.
Grounds
Grounds for appeal in civil trials can include:
- Procedural Errors: Procedural errors involve mistakes made during the trial process, such as improper admission or exclusion of evidence, errors in jury instructions, or issues with jury selection. These errors can impact the fairness of the trial and may be grounds for appeal if they affected the outcome.
- Incorrect Application of the Law: Appeals may be based on the argument that the trial court incorrectly interpreted or applied the law. This could involve errors in the application of statutes, case law, or legal principles. Appellate courts review these issues de novo, meaning they give no deference to the trial court's conclusions.
- Insufficient Evidence: A party may argue that the evidence presented at trial was insufficient to support the verdict. In such cases, the appellate court reviews whether the evidence, viewed in the light most favorable to the prevailing party, was sufficient to support the outcome.
The Process
The appeals process in Colorado involves several steps:
- Notice of Appeal: The process begins with the filing of a notice of appeal. This document, filed with the trial court and the appellate court, initiates the appeal and outlines the issues to be raised.
- Preparation of the Record: The record on appeal includes all documents, evidence, and transcripts from the trial court proceedings. This record is essential for the appellate court's review, as it provides the factual and procedural background necessary to evaluate the issues on appeal.
- Briefs: Both parties submit written briefs to the appellate court. The appellant's brief argues why the trial court's decision should be reversed or modified, citing specific legal errors and supporting arguments with legal precedents. The appellee's brief responds, defending the trial court's decision. In some cases, the appellant may file a reply brief to address new points raised in the appellee's brief.
- Oral Arguments: In some cases, the appellate court may schedule oral arguments, where attorneys for both sides present their cases and answer questions from the judges. This interactive session allows the judges to clarify complex legal issues and better understand the parties' arguments.
- Decision: After reviewing the briefs and hearing oral arguments, the appellate court issues a written opinion. The decision may affirm, reverse, or remand the case for further proceedings. The opinion often includes an analysis of the legal issues and an explanation of the court's reasoning. In some cases, the decision may include concurring or dissenting opinions from individual judges.
Attorneys Specializing in Civil Trials and Appeals
Evans Case is home to a team of highly skilled attorneys with extensive experience in civil trials and appeals. Key members of the team include:
- Aaron Evans
- Tim Bounds
- Keith D. Lapuyade
Our firm's attorneys are not only experienced but also deeply committed to providing personalized legal services. They work closely with clients to understand their unique needs and develop tailored legal strategies that align with their goals.
For more information or to schedule a consultation, contact Evans Case today.
