Obviously, losing at trial is not a good thing. However, trials are just legal battles in the wars known as cases. Cutting your losses after a bad trial might be the best option. But, before you give up, considering your options may be a worthwhile endeavor.There are post-trial options regardless of whether your case is domestic, civil, juvenile, or
There are post-trial options regardless of whether your case is domestic, civil, juvenile, or criminal in nature. At Christensen Law, we can review your case and help you analyze your options. We have experience with pursuing and defending against post-trial battles in divorce cases, custody cases, civil cases, criminal cases, and juvenile cases. Below, we discuss some of the more common options you may pursue after a bad trial.
Appealing the outcome of your trial is one of the more commonly known options. In an appeal, you take the record from the trial court and ask a higher court to review it. The appellate judges put themselves in the trial judge’s shoes and review his or her decisions. An appellate court has the ability to modify or completely reverse the result of the trial.
With a post-judgment motion, you can ask the trial judge to reconsider. You can also ask for a new trial. Sometimes this is effective, and sometimes it is not. However, it is worth attempting before you try an appeal for two reasons. First, a post-judgment motion will probably be cheaper than an appeal. Second, a post-judgment motion helps preserve issues for appeal.
Cut Losses and Prepare for the Next Case
Sometimes, the best option will be to cut your losses and conserve your resources for the next war. However, this strategy typically only works if you are involved in a divorce or custody case.
It can also work if you litigate often and can get more bang for your buck in another case. With family law cases involving young children, it is not uncommon to go back to court.
Sometimes one parent sees a good reason to modify custody. Other times a parent is not following the court’s orders. If you got burned the first time, you can analyze how things went and prepare to not get burned again. And on the flip side, if you won, you may want to anticipate what future challenges you may face.