How Not To Screw Up An Appeal Before You Get To The Court of Appeals

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Tips to Not Lose An Appeal Before Getting To The Court of Appeals By Shannon Kilpatrick

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INTRODUCTION Your best chance at winning any appeal is to win the case at the trial court. Why?

Simple math. The Washington Appellate Practice Deskbook notes that about two-third of all appeals fail, the Court of Appeals reverses and modifies case outcomes in less than 30% of all civil appeals, and even the best appeal has only about a 50-50 chance. Why is that? There are several factors at play, including the different purposes of appellate courts. Appellate courts do not retry cases; they look for legal or structural errors affecting the fairness of the proceedings. As a result, the standard of review the appellate court uses is frequently very deferential to the trial court. Even if the trial court committed error, the appellate courts will also conduct the harmless error analysis before modifying a trial court decision. This is the appellate court’s way of saying “no harm, no foul.” There are other problems raised by an appeal, including the expense of an appeal and the delay caused to the case, both of which can be significant. It’s important to understand the Civil Rules (CR’s) and Rules of Appellate Procedure (RAP’s), as well as how appellate courts interpret them. That way you and your client can make informed decisions and understand the consequences of those decisions. Your ultimate goal is to try to avoid needing an appeal and ensuring the opposing party has nothing significant to complain about when you win. If you don’t have a working understanding of the procedural rules, you could be making mistakes that negatively affect your client’s case or chance of reversal. How Not To Lose An Appeal Before Getting to the Court of Appeals

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