Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge - New Jersey's Best Lawyers For Families 2018
Badge - Rated by Super Lawyers
Badge - AV Preeminent Victor A. Rotolo
Badge - Client Champion Gold 2020
Badge - Hunterdon County Chamber of Commerce
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

Appellate Law

Individuals dissatisfied with the decision of a civil or criminal trial have recourse – the Appellate Court. The United States Constitution, as well as individual state constitutions, guarantee the right to appeal. Appellate law deals with judgments that can be appealed and what procedures must be followed to bring appeals before the court, including the filing and challenging of various writs and other issues.

Appellate courts review the evidence and happenings that occurred in trial court; they do not seek out or review evidence that was not presented in the initial trial. It is the job of the Appellate Court, however, to decide if the procedures that were followed at trial were correct and if the appropriate law was utilized during the trial.

In New Jersey appeals are presented to a panel of judges consisting of two or three judges. The panel reviews what happened at the trial level. Generally all facts used in the trial court will be accepted by the panel as facts as well. The Appellate Court, however, has the final say on what is law.

Appellate laws differ between the federal and state legal systems. They also vary between states. In New Jersey, the Appellate Division of the State Superior Court serves as the State’s intermediate Appellate Court. This Division is divided into eight parts, each with three or four judges who rotate annually. New Jersey appeals are not assigned to the parts on a territorial basis as is done on the federal level and in some other states. Decisions made in any of the eight parts are binding throughout New Jersey.

Appeals can be filed after a judgment from a trial court or after a pretrial dismissal. 

In the first instance, the Appellate Court can decide to overrule the trial court’s final decision if the Appellate Court finds legal errors were committed and that those errors adversely affected the outcome. Those errors could include such things as wrongly excluding or admitting evidence, giving the jury incorrect instructions, or not properly following procedures.

In an appeal filed after a judgment following a pretrial dismissal, the Appellate Court decides whether the case should have been dismissed or allowed to go to trial after it reviews the materials of the trial.

Appellate laws vary from court to court and, as a result, may require the expert advice of an experienced appellate law attorney. If you are considering appealing a court decision, contact Kearns Rotolo Law attorneys for advice. Protect your rights. Call Kearns Rotolo Law today.

What Our Clients are Saying

The absolute BEST!!! I have a family of attorneys but needed someone local. Victor was recommended to me and words cannot describe how pleased I was with his firm. The outstanding service and attention each member of his staff gave to me surpassed any and all expectations. Victor surrounds himself with a hardworking team that he leads. I felt it was money spent wisely. I will continue to recommend Victor and his associates.

- Stephanie

Mr. Rotolo has helped me numerous times in legal matters and has continued to support and help me through countless hardships. He is dedicated to providing the best service and is a true professional. I will continue to consult with him regarding any legal issues in the future. He is a respectable, hardworking, kind hearted man and I would recommend his legal services to anyone.

- Matthew

I am an attorney and have practiced law for 26 years. I hired Vic to handle a very difficult family matter because I do not handle family law. Vic was extremely competent and obtained a result far beyond my expectations. Without his counsel my son's and family's life would have been changed forever. Thank you Vic for your good lawyering. I very much appreciate the personal attention and time dedicated to this matter. I highly recommend Vic.

- Anthony

We recently had a situation where we needed to hire an attorney. We selected Kearns Rotolo Law and I can honestly say that we were above and beyond satisfied with Vic and his team. We would absolutely recommend this firm to anyone should the need arise. We blindly picked the firm out of the phone book because I liked his ad. Now I believe that God was pointing us in the right direction. Thank you Vic and Kearns Rotolo Law for being there for us in our time of need.

- Kim

Victor's expertise, due diligence, and empathy for his client made my first experience with the law (and last) a non-stressful one. Before the case, I did my research and looked over about 20 lawyers before choosing Victor. All my sources pointed to him as the best and they weren't off even a bit. Victor treated my case like it was his own and kept me up to date with all my appointments, breakthroughs in the case, and guided me step through step in a process that I never thought that I had to come to endure. If Victor's not available Susy will go out of her way to take care you. The productivity and efficiency in that office is second to none. Thank you Victor!

- Michael