Appellate Lawyers Tampa FL
It can be very costly to take a family law case to trial. The process to even get to that point can be expensive, and litigants are always looking for ways to save money. A common question that our appellate lawyers in Tampa FL from The McKinney Law Group are asked is, “Is if it really necessary to hire a court reporter?”
It’s important to understand that a written transcript of any legal proceedings you were involved in will be necessary in order to retain your right to appeal a judgment. If there is no written transcript of the hearing, especially in family court, the appellate court will likely agree with the trial court’s ruling. Our appellate lawyers in Tampa FL from The McKinney Law Group have seen this time and time again.
Trial Reviews
When reviewing a court’s decision, appellate lawyers in Tampa FL can only reference information that is in the official record.This record includes transcripts, details of proceedings, and physical evidence that was admitted during the trial. If there is no official transcript, appellate lawyers in Tampa FL might advise that your chance of winning an appeal is very slim.
This is especially true in family law cases where the dispute is generally based on facts rather than legal issues. When this happens, the appellant has to prove that the lower court abused its discretion by ruling as it did. This is almost impossible to prove without the official trial transcript. That is because the burden of proof is on the appellate lawyers in Tampa FL to provide evidence that the court trial was in error.
Exceptions to the Rule
There are exceptions to the rule when a transcript does not exist. States are obligated to have a special interest in protecting the rights of children. If a Court order that establishes child support does not contain certain findings, the Court’s ruling must be reversed and changed regardless of whether or not a transcript exists. Appellate lawyers in Tampa FL may argue this point on your behalf if this is the case.
Another exception is when attorney’s fees are awarded and the court does not include sufficient findings in the written order. A mandate by the Supreme Court states that specific findings must be present in order to substantiate such order and without such, the order is deemed erroneous. Your appellate lawyers in Tampa FL can advise you as to whether or not this applies in your case.
Alternative Appeals Process
Another way to file an appeal without an official transcript from a court reporter is for your appellate lawyers in Tampa FL to submit a statement of facts or a statement of evidence that specifies what transpired during the hearing. This statement becomes a part of the official record and can in some instances be sufficient to submit to the appellate court for review. This statement must be meticulously written or it will not be enough information to substitute for an official transcript. Putting this information together after the fact is time consuming and can be very expensive as a result. Trying after the fact to get information from those involved in the case (including expert witnesses) can be challenging at best.
The Value of a Court Reporter
In most instances it is worth the money to hire a court reporter. The official written transcript generated by the court reporter is important to ensure the accuracy of testimonies, clarify the judge’s decision, and be available to take to an appellate court should it be necessary. Your appellate lawyers in Tampa FL from The McKinney Law Group work with a network of legal professionals which includes court reporters. They can provide more information about how they choose court reporters with whom to work.
If you would like to know more about how to appeal a court’s decision on your case, contact the appellate lawyers Tampa FL residents choose from The McKinney Law Group.