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Setting the record straight after an unfavorable decision

When serious disputes arise between Detroit residents, everyone deserves their day in court. And yet, even at the end of hard-fought litigation and a full trial, the judge or jury deciding the case does not always see things the same way as the company involved in the dispute. This can be disheartening, but, fortunately, businesses have options to get things right when the judge or jury does not.

Through an appeal, the party that did not prevail on an issue can challenge the decision to a higher court. For instance, if the case involves a breach of contract and the trial court ruled against a party, that party can ask the appeals court to examine the case again and determine whether the trial court made an error. In other matters, only a certain part of the case might be appealed, such as if the correct amount of damages was not awarded by the trial court.

Businesses should also be aware that there are certain requirements that apply for pursuing an appeal. There are strict time periods that must be followed for filing an appeal, which makes it imperative for companies involved in business disputes to have a plan in place shortly after the trial court decision is made.

There are further requirements for filing briefs with the appeals court, outlining the issues the appeals court will consider and arguing the appeal. These appellate representation issues are vital to succeeding in the appeal, as a plan should be in place to clearly present the issues to the appeals court and demonstrate why the trial court's decision as a mistake.

Source: Michigan Courts, "Subchapter 7.200 Court of Appeals," accessed on Sept. 5, 2015

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