Read the transcript of this video below.
Yes. Now, as part of an appeal, I’m going to quickly go through that process. First of all, you want to try hard to settle the case, because you control the outcome. And in spite of popular opinion, even litigators, trial lawyers, very much want to settle a case. Certainly, in our firm we want to settle because we can control the outcome a lot better.
There are post-decree motions that can be done even after the trial, after the court ruled, there are some post-decree motions that can be filed to ask the court to reconsider or bring some matters to bear that possibly were overlooked. There are procedures for that. After that happens, then there is time for appeal.
Any client that is thinking about post-trial motions or an appeal, there are strict timetables on that. Missed timetables would mean that the court order ruling would stand. With regard to an appeal, however, it’s generally only legal issues that are appealed and not discretionary issues that the court makes. The court could go one way or the other on any issue, and if there’s evidence to support what the court did, well, that issue will not be appealable because that’s the court’s discretion.
Usually, appeals are where a court went wrong on a legal issue. The appellant process, however, is very lengthy, so it has to be worthwhile. We do lots of appeals at Atkinson & Kelsey. As a matter of fact, our firm has had the most reported cases in the family law area in the state.
Tom Montoya is a shareholder with Atkinson & Kelsey and he has practiced family law for over 30 years. He is a frequent lecturer, author and educator. He has taught more than 45 continuing education programs on family law for other lawyers. He has lobbied for more than 30 legislative enactments in family law and testified before the New Mexico state legislature over 60 times. Mr Montoya’s also the Chair of the State Child Support Guidelines Committee and Past Chair of the Supreme Court Civil Procedure Domestic Relations Rules Sub-Committee, which created statewide rules of procedure for domestic relations and domestic violence cases. For more information about Thomas C. Montoya and his firm, please visit www.atkinsonkelsey.com.