Regarding: Explanation of Post-Trial Procedure
Your trial is finished. At this point, the judge or jury has either announced the verdict, or we are waiting for the judge to provide us with a Memorandum Decision. A Memorandum Decision can take anywhere from two weeks to one to two months before we receive it from the Court. Once we receive the decision, one side will likely be tasked with writing separate pleadings called Findings of Fact and Conclusions of Law and Decree of Divorce. If those pleadings meet with the judge’s approval, he or she will sign them. It is at that point you will be divorced (sometimes the judge will order the parties divorced at the time of trial) and the case will be over. You will be bound by the Decree of Divorce once the Court signs it.
If you feel the judge or jury got it wrong in your case, you will need to decide if you would like to appeal your case. The first to an appeal is requesting a trial transcript, a notice of intent to appeal, a request the judge review the trial decision, as well as a motion for a new trial. If the request to review and motion for new trial are unsuccessful, the case will move to the appellate court. The appellate court is not a trial court that examines facts. Instead, it is a court of law that bases its decisions on a review of the parties’ legal briefs and the district court’s trial file.
A Notice of Appeal must be filed within thirty days of the entry of the Order (or Decree). If the Notice is not filed within thirty days of the entry of the Order, your case cannot be appealed. It is your responsibility to inform us if you wish to appeal.
Because post-trial pleadings are not included in your original retainer agreement, we will need to discuss a new retainer. Please keep in mind, your account must be paid in full before we will agree to represent you in your appeal.
Hopefully, this letter has helped explain post-trial procedure. If you have any questions regarding trial, please call.
/s/ Marco Brown