Cross Appeals
Cross Appeal Attorney in Suffolk County
A cross appeal occurs when both sides appeal the same order. As the Appellate Division can only grant relief to the side which takes the appeal, a cross appeal is fundamentally different than a typical appeal as neither side is requesting to maintain the status quo of the lower court's disposition of the case.
In cross appeals, neither side will be arguing for to maintain the status quo, which removes a key element in opposing the other side's appeal. The procedural rules for cross appeals are also significantly different than when only one side appeals.
At the Law Office of J. Douglas Barics, we have over twenty years of appellate experience and can assist you in any appeal involving a cross appeal.
Do you need representation in an appeal or cross appeal in the First or Second Department?
Contact us online or at (631) 864-2600.
What You Need to Know About Cross Appeals
What is a cross appeal?
A cross appeal occurs when both sides appeal from the same judgment or order. The side which takes the appeal first files a notice of appeal and the side which appeals second files a cross appeal.
How do you take a cross appeal?
A cross appeal is take by serving and filing a notice of cross appeal, along with all supporting papers that would be used in taking an appeal. Other than calling it a cross appeal, the process is identical to taking an appeal.
Why would both sides appeal?
Sometimes an order gives a partial win to one side and a partial win to the other side. Without a cross appeal, there appellate court lacks authority to grant relief to that side.
Why is a cross appeal needed if one side is already appealing?
The appellate division can only grant relief to a side who files a notice of appeal. Without a cross appeal, the appeal can only be defended and no relief can be granted to the non appealing side.
How much time do I have to file a cross appeal?
You have 30 days from the service of the notice of entry, or 10 days following the filing of the notice of appeal, whichever is greater.
Who pays for the record on a cross appeal?
The cost of the record is shared equally.
Contact Our Cross Appeal Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any appeal, no matter how challenging or complex. With over 20 years of appellate experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled appellate lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.