Appellate trials are very different from trials in a local courthouse. The judges that consider these cases do not hear new evidence or arguments about facts. Instead, they consider the facts on the record from the previous trial and evaluate a judge’s decisions based on the evidence already accepted.
All appeals will require a plaintiff or their attorney to submit a brief to the court. The court will consider the case based on the merits of that brief. In some situations, the court may call the attorneys to make oral arguments concerning that brief in person. However, in no situation will a litigant need or have the chance to address the court. However, appellant litigants have the right to observe these oral arguments if they take place. A Kingston medical malpractice appeal attorney could help to explain the rights and obligations of litigants who pursue an appeal.