Legal Question in Appeals and Writs in Colorado
What is the procedure for an appeal?
If we succeed in winning our civil lawsuit(we are the defendants)and the other party appeals, do we have to continue with our lawyers or how is this handled? Do we start from square one in our defense or is our case reviewed and either overturned or upheld? Does the Supreme Court choose to review or re-try a case or is it mandatory if a party files an appeal?
1 Answer from Attorneys
Re: What is the procedure for an appeal?
No, you do not have to continue with your attorneys,
but if they are good enough to win for you why would
you want to change?
An appellate court reviews errors of law, not fact.
So there is no "retrial." If you win, or lose, in
the court of appeal, and the case is appealed higher
to the supreme court by you or the plaintiff,
the same "review of legal error" rule applies, but
in a different way. The supreme court only takes
cases which impact the state as a whole, it does
not review the particular case to see if the right
result was obtained. That's why you have a right
to an appeal, but the supreme court has the power
to choose which cases it will - and won't - take
and decide.