Wisconsin Appellate Litigation Lawyer
Offices in Madison, Wisconsin Dells, and Manitowoc
Receiving an unfavorable decision from a court or agency is never ideal, and in many cases, it will be in your best interest to pursue an appeal. You may also benefit from a favorable outcome but find your opponent has decided to appeal the decision. Appeals are handled substantially differently than civil trials, and you will likely need and want experienced advocacy if you wish to prevail.
No matter the nature of your case, our appellate lawyers are ready to help you explore all of your appeals options. Our litigators at West & Dunn have substantial experience defending favorable decisions and fighting adverse rulings in both state and federal courts. If you are currently represented by another firm that is not familiar with the appellate process, we are prepared to augment and assist your existing legal team and pursue all available remedies. We are committed to providing high-quality legal services to individuals and businesses and will do everything possible to obtain the best possible outcome in your case.
How the Appellate Process Works in Wisconsin and Federal Courts
It is important to understand that an appeal is not a new trial and will not resemble one. There is no discovery process, no new evidence will be presented, and no new witnesses will testify. The applicable appellate court will review the decision of a lower court and determine whether a judicial error occurred.
You have limited time to file an appeal, so it is important to act quickly and immediately consult with a legal professional when a final decision or judgment has been rendered. For example, in Wisconsin state court, in most situations you will have between 45 and 90 days to initiate the appeals process once the court has made a decision.
Once an appeal has been initiated, the appellant — the party appealing the decision — must prepare a written argument that complies with the court’s rules, arguing why the case was decided incorrectly. The opposing party, commonly called the respondent, will also have the opportunity to file a written argument explaining why they believe the original decision was appropriate. The appellant can typically submit a final written argument to address the respondent’s brief.
The appellate court will review all briefs and, depending upon the court, provide an opportunity for the attorneys to make oral arguments. If your case is pending before the Wisconsin Courts of Appeals or the U.S. Court of Appeals for Veterans Claims it is unlikely that oral arguments will be provided. In those circumstances, the court will likely make a decision based on the content of the written arguments.
Our Wisconsin appellate litigation attorneys understand how to craft robust, detailed, and persuasive briefs that effectively represent and advance our clients’ positions. If we represented you in the original proceeding, we will carefully assess the applicable law, and evidence to determine how best to move forward. If we are new additions to your legal team, we will meticulously examine every element of your case while reviewing and assessing your appeals options. We are prepared to present oral arguments if given the opportunity to do so and will diligently represent your interests in and out of the courtroom.
Our appellate litigators at West & Dunn have represented clients in cases involving:
This firm is very knowledgeable in VA Laws and Regulations, understanding that every case is unique to the individual.- Ray Reid
The professional skills and commitment Attorney Dunn has consistently shown in each of my appeals is confirmed by her success.- Tedd Welch, Vietnam Veteran
They were extremely responsive, professional and honest.- Michael B.