If you are currently seeking out an
appellate court attorney in Albuquerque, you may be wondering about the ways in
which an appellate court proceeding is different from a trial court proceeding.
At Just Appeals, our team believes all New Mexico residents should be informed
about the different levels of trial proceedings throughout the judicial system.
Unfortunately, many defendants are not aware of the differences between an
appellate court and trial court prior to their appeal.
Dr. Scott M. Davidson, attorney, and owner
of Just Appeals, has over two decades of experience in federal and state trial
litigation. Having practiced criminal law at all levels in New Mexico, Dr.
Davidson and his legal associates understand these important differences and
hopes to educate all current and future New Mexico residents that may choose to
file an appeal to the state or federal court system.
The Difference
between Trial Court & Appellate Court in Albuquerque
Before you understand the difference
between these two courts, you should know the purpose of each. A trial court is
the first level judicial hearing in which a court case begins. Two sides
present evidence using witnesses and exhibits to the judge and jury. An
appellate court consists of a judge or group of judges that hear an appeal that
has been successfully filed after the initial trial.
Within
these two courts, there are three primary differences:
1. Trial
courts feature witnesses and exhibits. Appellate court proceedings do not.
These proceedings only involve lawyers arguing the legal issue the case.
2. An
initial trial court will only contain a single judge, with or without a jury.
In an appellate court, there is more than one judge present for the
proceedings
3.
In a trial court, there may or may not be a
group of jurors overhearing the case. Juries are present in jury trials, while
it’s solely the judge in a bench trial. An appellate court case never has
members of a jury. These proceedings only involve the final decisions made by a
group of judges.
Accurate information is the foundation of a
great defense. To learn more about appellate court Albuquerque proceedings,
contact the Law Offices of Scott M. Davidson at Just Appeals today.
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