Appeals & Legal Representation · Legal briefing
Appealing Findings of Fact & Credibility
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
You believe the trial witnesses were dishonest and the judge misjudged credibility. Can an appeal revisit that conclusion?
The legal position
An appeal is not a retrial. Appellate courts generally exercise restraint over credibility findings based on live testimony, with exceptions for material error, inconsistency with evidence or conclusions based on documents and inference. There is no substantiated 99% rejection figure or rule limiting every appeal to law alone. Distinguish an appeal as of right from leave, and identify an error affecting the result. Official source 1 Official source 2
Your next step
Provide the judgment, transcripts, filed evidence and service date. Map factual and legal grounds and the requested relief. Assess timing, cost and risk before proceeding, and do not add new evidence without the proper application.