What is the process for appealing a medical device injury case?

In North Dakota, medical device injury cases can be appealed to higher courts if the plaintiff disagrees with the initial decision. Generally, the process involves the filing of an appeal with the appropriate court, which is usually the appeals court, that handles cases of this nature. The filing of an appeal must be done within 30 days of the original court’s decision. Once the appeal is filed, the opposing party (the defendant) must be served with a notice of the appeal. The opposing party can then file a response to the appeal. Afterwards, both sides will submit legal briefs, which are written arguments that explain the legal reasons why either side should prevail. Next, oral arguments may be held, which allows both sides to present their positions in person to the appeals court. Finally, the appeals court will issue a ruling in the case. This ruling will be based on the legal briefs submitted by both parties and the oral arguments, if any. In the event that the appeals court reverses the original court’s decision, the defendant could then decide to file a petition for a writ of certiorari to take the case to the Supreme Court of North Dakota. Appealing a medical device injury case can be a lengthy process, so it is important to seek out knowledgeable medical device injury attorneys to represent you. In addition to filing the necessary paperwork with the appeals court in a timely manner, the attorneys can help guide you through the entire process.

Related FAQs

What is the process for appealing a medical device injury case?

Related FAQs

Related Blog Posts