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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33405
Experience:  Began practicing law in 1992
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I recently lost a medical malpractice case that went to

Customer Question

I recently lost a medical malpractice case that went to trial. I live in washington state and
I was wondering do I need an attorney to file for an appeal? (within 30 days).I know that I need an appeals attorney to move forward.So, if I can file myself, can I just go to the Superior Court Clerk office and file?Thanks,
Robyn
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

I'm sorry, you ask "do I need an attorney" and then in the next sentence you state "I know that I need an appeals attorney". Since this is a direct contradiction I need to be sure I understand what you are asking.

Can you explain?

Customer: replied 10 months ago.
To file the appeal, does an Appeals attorney file it for me or can I go file the appeal.....and then hire an appeals attorney...
I do not understand the courts so I was just wondering
Customer: replied 10 months ago.
I only have 30 days to file it.
Expert:  Dwayne B. replied 10 months ago.

You can file the notice of appeal yourself, but you should really hire an attorney as quickly as possible because they may want to file a Motion for New Trial or something else. Occasionally it is necessary to file a motion for new trial to preserve error on a point. Without making it too confusing, for an appeals court to consider an issue a trial court must have been given a chance to correct any mistakes it was making. That's one reason it is necessary to make objections, etc. There are a few things that could have been overlooked at trial that could have been overlooked at trial that could be remedied by filing a Motion for New Trial. You can also get more evidence before the Court of Appeals by attaching it to a Motion for Ne Trial, if the evidence wasn't presented at the trial level.

In addition, filing a Motion for New Trial will also give you additional time to file the appeal.

So, the answer to your question is yes, you can file the notice of appeal but you should go ahead and hire the attorney for appeals or have the trial attorney at least consider submitting a Motion for New Trial.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 10 months ago.
thanks!
Expert:  Dwayne B. replied 10 months ago.

You're very welcome.

Please don't forget to leave a Positive Rating so that I get credit for my answer and also so that the question locks open and will no longer time out.