Sometimes the Judges get it wrong. Perhaps it’s a mistake based on the law or they got confused on some complex factual issue, either way you do have some options available.
Standard of Review
Depending on the issue there are different “standards of review” this is the legal phrase that is what the court must look at to see if they will or can overturn the district court order. If your claim is that the Judge didn’t believe you, or that the other side lied, then the MN court of appeals must use the “abuse of discretion” standard. This is tough to win because the Court of Appeals give great deference to the district court. The theory is that the District Judge looked at the witness, saw how they acted and reacted during cross-examination and the Court Of Appeals does not have that ability.
One important point to remember here is that the Court Of Appeals doesn’t listen to any new evidence, instead they read the transcript and look at the exhibits. Filing an appeal does not automatically mean that you get a new trial, just that the Court Of Appeals will look at the case for mistakes.
- $500 Filing Fee
- $350 Binding Costs
- $500-$4000+ transcript costs (typically $1,000/day)
- 20-60 hours of legal work
If you do want to appeal, or explore the possibility of an appeal, it is critically important to act quickly, as the deadline for most appeals is 60 days from entry of the divorce decree.As you can see filing an appeal is an expensive and technically challenging proposition, one that you need to give very great thought about before you do.
507-625-5000As always, this is commentary, not legal advice. For legal advice you need to sign a retainer and pay a fee.