Appeal from a Judgment Rendered in First Instance
- 2019-08-05
- Votre Défense Avocats - Lawyers
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Appeal from a Judgment Rendered in First Instance
If a judgment has been rendered against you and you are not satisfied with the judge’s decision (whether in terms of the guilty verdict or the pronounced sentence), it is possible to appeal the conviction or sentence.
However, your notice of appeal must be filed with the court within 30 days of the decision.
In certain special circumstances, this delay may, however, be extended with permission of a judge.
ATTENTION: For penal files, if a judgment has been rendered by default against you, and it was done so without the possibility of asserting your defense, you may submit a motion for revocation of judgment if you can demonstrate that you have been diligent.
In this case, the delay is 15 days from the knowledge of the judgment rendered against you.
Reasons for Appealing a Judgement ?
An appeal is allowed when new evidence that could have changed the course of the case is discovered after the judgement is rendered or if an error of law occurred during the trial.
Other possibilities such as misinterpretation of the facts or improper application of the law may also open the door for an appeal review.
And if the appeal period is exceeded ?
If the deadline for the notice of appeal is not met, the decision will be final and the consequences will beimposed, unless an extension of time is granted you. Contact us for more information on the possibility of an extension of time if the period of appealing has expired.
What To Do To Appeal a Judgement ?
If you are in this situation and are wondering about the possibility of obtaining a review of your judgment on appeal, please contact us at 514-990-3430 and one of our lawyers will be pleased to answer all your questions during a meeting.
Votre Défense / Your Defence
229-3221, autoroute Laval O.
Laval (QC) H7P 5P2
514-990-3430
450-934-3414