Friday, June 28, 2019

Difference between Appellate Courts and Trial Courts


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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