Appellate Lawyers

The Appellate Lawyers at Kania Law have over 50 years of combined experience guiding clients through the complex procedures for appealing adverse court decisions of Oklahoma state and federal courts. This page is here to introduce the reader to the work of Appellate Lawyers and the Appeal Process in Oklahoma.  

Understanding Appeals in Oklahoma

In general, an “Appeal” is a formal request for an appellate court to review a lower court’s judgment. “Appeals” can happen in nearly all areas of our judicial system. Including civil litigation, probate, family law, criminal, administrative, unemployment, and other types of proceedings where people have received an unfavorable decision or judgment. Because appellate courts apply certain unique procedures and failing to follow these procedures can be detrimental to your Appeal, it is important to contact our Appellate Attorneys and not try self-representation. 

An “Appeal” literally begins the day a person receives an unfavorable judgment. Therefore, post judgment filings, such as new trial motions, motions to reconsider, and motions to vacate the judgment must be handled strategically because if done incorrectly you can waive certain grounds for your appeal. Therefore, our Appellate Lawyers should be contacted the day a person receives an unfavorable judgment. To start we must first determine if an appealable issue exists. 

Is there an Appealable Issue? 

Is there an appealable issue? An appealable issue does not exist simply because the trial court made an adverse ruling. Everyone that appears in court, share the same rights which are guaranteed by the U.S. Constitution, Oklahoma Constitution, Federal and Oklahoma Statutes, Oklahoma Administrative Code, common law (case law), Oklahoma Court Rules, local court rules and other authorities. With knowledge of the substantive and procedural laws, that only comes with experience, our Appellate Lawyers will review the facts in your case and the court’s ruling to determine if the trial court made a reversable error. If someone can make an argument that the court made a reversible error, then there is an Appealable issue. It is possible to have more than one Appealable Issue.  

The Process of Civil Appeals

Civil Appeals happen when a litigant receives an unfavorable judgment in a civil litigation. Civil litigations, brought in District Court, involve disputes between individuals and/or entities and are filed by one party (the Plaintiff) who is seeking some remedy against another (the Defendant). Civil Litigations include but are not limited to Breach of Contract, Property Disputes, Probate, Personal Injury, Divorce, Child Custody, Support Cases, Business Litigation and others. 

In Oklahoma, Civil Appeals are filed directly with the Oklahoma Supreme Court. However, oftentimes the Supreme Court will then assign your Civil Appeal to a division of the Oklahoma Court of Civil Appeals. The Court of Civil Appeals then applies the correct “Standard of Review” and renders a decision. The Court of Civil Appeals can, among others, make the following decisions: 

1. Affirm the lower court. This decision means the Court of Civil Appeals agreed with the lower court. 

2. Reverse the lower court. This decision means the Court of Civil Appeals agrees with you in some fashion. 

3. Reverse with Instructions. The Court of Civil Appeals can reverse the lower court and go further by directing the lower court to enter a different judgment based on its review of the case. 

4. Remand. This means that the Court of Civil Appeals is instructing the lower court to conduct further proceedings. 

In the event, the Court of Civil Appeals makes an adverse decision. The aggrieved party may Appeal the Court of Civil Appeals’ decision to the Oklahoma Supreme Court. At the State level, the Oklahoma Supreme Court is the Court of last resort for civil appeals. However, if a litigant believes the Oklahoma Courts, including the Oklahoma Supreme Court, have violated their rights, guaranteed by the U.S. Constitution, they can file an Appeal or Writ of Certiorari with the United States Supreme Court. The granting of this type of Writ is rare. 

Process for Criminal Appeals

Criminal appeals happen when a Defendant receives an unfavorable judgment in a criminal prosecution. Criminal Defendants have certain rights guaranteed by the U.S. Constitution, Oklahoma Constitution, Federal and Oklahoma Statutes, common law (case law), Oklahoma Court Rules, local court rules and other authorities. These rights may be the most important because in criminal prosecutions the government is seeking to deprive the defendant of his/her freedom. The State Prosecutors and the Court must be held to strict adherence to the defendant’s Constitutional Rights and the procedures for criminal prosecutions. 

One mistake at any point during a criminal prosecution can result in a Defendant losing his/her freedom or life. Our Appellate Lawyers have the knowledge of the substantive and procedural laws necessary to identify Appealable Issues in Criminal Prosecutions. Criminal Appeals are there to hold Prosecutors and the Court accountable for observing all the Defendant’s rights and proper procedure. Criminal Appeals generally include challenging convictions, and the fairness and/or appropriateness of the sentence imposed. 

In Oklahoma, Criminal Appeals go directly to the Oklahoma Court of Criminal Appeals. The Court of Criminal Appeals then applies the correct “Standard of Review” and renders a decision.   At the State level, the Oklahoma Court of Criminal Appeals is the Court of last resort for criminal appeals. However, if a Defendant believes the Oklahoma Courts have violated their rights, guaranteed by the U.S. Constitution, they can file an Appeal or Writ of Certiorari with the United States Supreme Court. The granting of this type of Writ is seldom happens. 

The Appeals Process in Oklahoma

Oklahoma Civil Appeals: 

1. Petition in Error: The appeals process begins with filing a Petition in Error. This filing gives the appellate court a brief factual summary of the case and the specific issues on appeal.  

2. Record on Appeal: The appellant also files a Designation of the Record. This identifies the trial record, including transcripts, evidence, and all relevant documents to be considered by the appellate court. Once the trial court clerk files notice of competition of record the briefing schedule begins. 

3. Briefs: The Appellant will file his/her Brief in Chief. The Appellee files his/her Response Brief, and Appellant may file a Reply Brief. The Briefs explain to the Appellate Court how the law applies to the material facts and why it should rule in their favor.  

4. Oral Arguments: Although rare, the Appellate Court sometimes allows or requests oral arguments from the parties. 

5. Decision: The appellate court then renders an opinion in the case. 

Oklahoma Criminal Appeals: 

1. Notice of Intent to Appeal: The appeal process in a Criminal Case begins with filing a Notice of Intent to Appeal with the trial court clerk. 

2. Record on Appeal: The appellant also files a Designation of the Record. This identifies the trial record, including transcripts, evidence, and all relevant documents to be considered by the appellate court. 

3. Petition in Error: The filing of the Petition in Error must happen within 90 days of the judgment to get an appeal. This filing gives the appellate court a brief factual summary of the case and the specific issues on appeal. 

4. Briefs: The Appellant will file his/her Brief in Chief. The Appellee files his/her Response Brief, and Appellant may file a Reply Brief. The Briefs explain to the Appellate Court how the law applies to the material facts and why it should rule in their favor.  

5. Oral Arguments: Although rare, the Appellate Court sometimes allows or requests oral arguments from the parties. 

6. Decision: The appellate court then renders an opinion in the case. 

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Tulsa Appellate Lawyers In Your Corner

An “Appeal” literally begins the day a person receives an unfavorable judgment.  Successfully navigating the appellate process requires an Appellate Attorney with a deep understanding of All your rights, Oklahoma appellate procedures, applicable substantive law, an attention to detail, organizing legal strategies, and a persuasive legal writing style to address the unique aspects of your individual case. The Appellate Lawyers at Kania Law have over 50 years of combined experience and are ready to protect your rights. 

If you believe you have grounds for an appeal we can help you meet the challenge of the appeals process in Oklahoma State and Federal Courts. For a free and confidential consultation with one of the Tulsa Appellate Lawyers at Kania Law Office call 918.743.2233. Or follow this link to ask an online legal question.