By Attorney Dyan Kozaczka, Partner
In Connecticut, appeals from family law cases involve complex procedures and specific rules that govern the process. Understanding these procedures is crucial for effectively navigating through the appellate court system.
Appellate Jurisdiction
The Connecticut Appellate Court has jurisdiction to review final judgments of the Superior Court in family matters. Final judgments include those relating to divorce, child custody, child support, alimony, and property division. Interlocutory appeals, which involve appeals of non-final orders, may also be allowed in certain circumstances.
Initiating an Appeal
To initiate an appeal, a Notice of Appeal must be filed within 20 days from the date the judgment or appealable order is entered. It is crucial to adhere to this deadline as missing it will likely result in the appeal being dismissed. Thereafter, additional papers including a transcript order, a preliminary statement of issues, a docketing statement, a preargument conference statement, and a constitutionality statement (if applicable), must be filed within 10 days of filing the appeal.
Appellate Briefs
Appellate briefs are critical documents submitted by the parties outlining their legal arguments and interpretations of the law. The appellant (the party appealing) typically files an opening brief, which is followed by a responsive brief from the appellee (the party responding to the appeal). The appellant may then file a reply brief, which responds to arguments raised in the appellee’s brief.
Information Considered on Appeal
The court does not consider new evidence at the time of an appeal. When filing an appeal, the appellant is alleging that the trial court made an error. Therefore, on appeal, the Appellate and Supreme Courts can only consider the record that was before the trial court, which consists of transcripts, trial exhibits, pleadings, and court orders.
Standard of Review
The standard of review in family law appeals varies depending on the nature of the issue being appealed. Generally, trial court orders regarding how assets are divided, or the amount of alimony are reviewed for an abuse of judicial discretion. Trial court findings of fact are reviewed under a deferential standard (clearly erroneous), while legal conclusions and interpretations of law are reviewed de novo (anew).
Oral Argument
In most cases, the appellate court will schedule oral argument where attorneys for the parties present their case before a panel of judges. Oral argument provides an opportunity for attorneys to clarify legal issues and respond to questions from the judges.
Length of Appellate Process
The duration of the appellate process can vary significantly depending on the complexity of the case, the court’s caseload, and other factors. Generally, appeals can take a year to two years, from the filing of the Notice of Appeal to the issuance of the appellate court’s decision.
Supreme Court
Generally, to have your case heard by the Supreme Court, you must first present your case to the Appellate Court. If you disagree with the decision of the Appellate Court, you may file a Petition for Certification with the Connecticut Supreme Court. This petition requests the Supreme Court to review your case. The Petition for Certification must be filed within 20 days after the date the Appellate Court judgment or decision is officially released.
The Supreme Court has the authority to decide whether or not to hear your case based on the grounds presented in your Petition for Certification. Therefore, careful preparation of your petition and thorough understanding of the grounds for certification are crucial.
Less frequently, the Supreme Court may decide to transfer a case from the Appellate Court directly to the Supreme Court without the Appellate Court hearing the matter first. This may happen when two or more of the following grounds exist: (a) The case involves a matter of substantial public interest or concern; (b) There is an inconsistency or conflict with a prior decision of the Supreme Court or Appellate Court; (c) The case involves the construction of a statute, regulation, constitutional provision, or common law principle; and (d) There is an issue of first impression that is likely to arise in future cases.
Conclusion
Successfully navigating a family law appeal in Connecticut requires a thorough understanding of procedural rules, deadlines, and the substantive law applicable to the issues raised on appeal. Attorneys should diligently prepare appellate briefs and, if applicable, oral arguments to effectively advocate for their clients’ interests.
