Any decision made by a court in Hawaii can be appealed. An appeal is a request for a higher court to review the decision, and make any necessary changes to the outcome of the decision, procedure, or action of the lower court.
Court appeals can be filed for both civil court and criminal court decisions. For instance, if you sue a person for wrongful death, but are not rewarded with an appropriate amount of compensation, you may be able to file an appeal, have a higher court review the case, and possibly recover the compensation you deserve.
There are a few different courts an appeal can be taken to. If a case decision is made in a state trial court, then the appeal can be taken to an appellate court. The appellate court has higher power than the state trial court, and acts as an intermediate court between the trial court and the state court. Cases can even be appealed to the federal level, taking them to the Supreme Court.
Although any case or decision can be appealed to a higher court, the appeal must be based on one of two factors:
- Error – The lower court made a serious error or mistake, causing the outcome of the case to be unfair.
- Evidence – If the decision in the case was against the evidence. This means that if the evidence in a case, for the majority, is in favor of one decision, and the court makes a decision against that, an appeal may be made.
Appeals are not just another part of your claim. Appeals deal with different rules and regulations regarding everything from when an appeal must be made, to how it is handled. An experienced appeals attorney like Philip R. Brown, will be able to help you with your appeal. Contact Philip R. Brown in Honolulu, Hawaii online or call (808) 523-5900 today to schedule your free initial consultation.