• What’s the Difference Between a Trial and an Appeal?

    April 28, 2016 | Chad Barr
  • A courtroom trial and appeal can look similar, but there are some very distinct and important differences in how they are conducted and how decisions are made.  Here’s some overview of a few of the major differences:

    PROCEDURAL DIFFERENCES:

    During a trial the prosecution and defense present their cases, call witness to the stand for testimony, and present evidence to the jury.  However, an appeal looks completely different.  There is not a jury, no witnesses, and no evidence presented during an appeal.

    THE ITEMS BEING CONSIDERED BY THE AUTHORITY:

    Another major difference between a trial and an appeal is what is being considered.  During a trial a jury (and/or judge) is tasked with weighing the evidence in the case to determine the facts of the case.  During an appeal the facts are no longer being decided. Generally speaking, during an appeal, the court is reviewing whether or not the law was applied properly during the trial phase. 

    WHO MAKES THE DECISION:

    One final distinction between a trial and an appeal involves who makes the decisions.  A trial involves one judge who controls courtroom activities and makes decisions, such as rulings on motions and objections.  During an appeal, the case is heard by a panel of several judges at one time working together. 

    Chad Barr Law is knowledgeable and experienced at appeals.  Call today for your FREE legal consultation of your appeal at 407-374-1884!

    Sources:

    Litigation.FindLaw.com; Appealing a court decision or judgement http://litigation.findlaw.com/filing-a-lawsuit/appealing-a-court-decision-or-judgment.html

    Wikipedia; Appellate procedure in the U.S. https://en.wikipedia.org/wiki/Appellate_procedure_in_the_United_States