What Happens if my Appeal is Denied?

If your appeal is denied, your case isn’t necessarily over. In most cases, there are two more avenues to relief following the denial of an appeal:

  • A motion for reconsideration with the court of appeals
  • A petition for review with the state supreme court

A motion for reconsideration asks the appellate court to reconsider its recent decision. This motion is not an avenue for a litigant to delve further into a complicated legal issue, but rather to point out a mistake of fact or law made by the court of appeals that factored into its decision.

A petition for review asks the state supreme court to review the findings of the court of appeals. Unlike the Court of Appeals, the Wisconsin Supreme Court is not required to hear your case.

Whether you’d like to file a motion to reconsider, a petition for review, or both, it is important to check your local statutes for the deadlines and procedures for each. In Wisconsin, for example, a petition for review to the Wisconsin Supreme Court must be filed within 30 days after the appellate decision is reached. This deadline cannot be moved or extended.

To speak with a knowledgeable attorney about your appeal, contact the Alderman law Firm today for your free consultation by calling 720-588-3529 (CO) or 608-620-3529 (WI).