When a decision is appealed in a Buffalo personal injury lawsuit, there is no set time within which the Appellate Division for the Fourth Department will provide a decision regarding the issue appealed. There are, however, some additional deadlines that establish a timeframe during which the appeal will proceed.
After the appealing party has submitted its initial papers to the higher court outlining its position as to why the lower court ruled incorrectly, the other party has 30 days in which to submit its response to the court. Failure to do so does not necessary mean that a late response will not be considered, but the court is authorized to impose sanctions for a late response.
Once the adverse party has submitted its brief, the party that originally appealed the decision has ten days to serve a reply to the other party’s argument. There is no requirement, however, that it do so. After all paperwork has been submitted, the parties will then appear before the court to argue the appeal. There is no time limit during which the court must issue its ruling after hearing the appeal, but – unless the matter is particularly complicated – it is usually issued within a few weeks.
The court is also allowed to set forth its own schedule for the submission of documents that may vary from these time limits, so they may not apply in all personal injury lawsuits.
If you have suffered a personal injury and have any questions, please feel free to call us at 716-542-5444.
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