Overview of Appellate Law

In a lawsuit, an appeal challenges a lower court’s decision to a higher court. Appellate courts can review trial court decisions for legal errors, erroneous factfinding, abuse of discretion, or other limited grounds. The appellate court can affirm, reverse, or send back the trial court’s decisions.

An appeal is not a new trial, and the appellate court makes decisions based on the trial court’s record. Appellate law involves preparing an appellate brief and oral argument before a judge or panel of appellate judges. Parties can also appeal an appellate court decision up to a higher court. For more information about appealing a court’s decision, talk to an appellate law attorney.

What Is an Appeal?

An appeal is a challenge to a court’s decision. It’s a legal opportunity to have a higher court review a trial court’s decision. An appeal is not a retrial of the same issues. Appeals courts generally have a limited scope of review.

Though parties appeal when they disagree with a court’s decision, you’ll need more than simply disliking a case’s outcome to successfully appeal. Legal grounds for appeal include errors of law and factfinding.

Appeals courts have limited standards of review, based on the grounds for appeal. The standard of review ranges from a de novo review (no deference) for questions of law to clearly erroneous (minimal deference) for questions of fact.

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Appellate Court Structure

There are different levels of appeals, depending on the jurisdiction and the type of legal case. The appeals process differs between a civil lawsuit and a criminal trial. In a civil lawsuit, either party can appeal the court’s decision. In a criminal cases with a guilty verdict, the defendant can appeal.

Court cases generally fall under state jurisdiction or federal jurisdiction. Federal courts have limited jurisdiction over issues involving parties in different states, questions of federal law, and certain legal areas such as bankruptcy law. State courts handle most other types of legal claims.

Each state has its own court system. These generally include state trial courts, state courts of appeal, and state supreme courts. However, the name of state courts vary by state. In New York, for example, the term “Supreme Court” refers to the trial court, whereas the Court of Appeal is the state’s highest court.

Federal appellate courts have a standard court structure:

1. U.S. District Courts are federal trial courts. There are 94 across the 50 states, territories, and Washington, D.C.
2. District Court appeals go to the U.S. Courts of Appeals. There are 12 regional U.S. Courts of Appeals plus the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. The Federal Circuit Court handles certain types of federal claims from across the country, including patents, international trade, and government contracts.
3. The U.S. Supreme Court is the highest court in the United States. The U.S. Supreme Court can review state and federal court decisions.

Common Grounds for Filing an Appeal

The parties generally cannot file an appeal just because they don’t like the outcome. There are limited grounds to appeal a trial court’s decision. The most common grounds for appeal include:

• Errors of law. The lower court judge misinterpreted the law or applied incorrect legal standards to the facts of your case. Even experienced trial court judges can make mistakes, like giving the jury the wrong jury instructions or applying a law that was recently overturned.
• Abuse of discretion. A judge made a decision during the trial that unfairly affected the case’s outcome. For example, a judge may have ordered compelling evidence to be barred, which could have led the jury to decide the case differently. A judge may wrongly prevent a witness from testifying or allow an expert to present opinions based on unaccepted scientific methods.
• Clearly erroneous finding of facts. Clearly erroneous means the evidence does not support the court’s findings. While appellate courts generally defer to the trial court’s factfinding, the appeals court can reverse factfinding if it is convinced an error has been made.

There are other grounds for appeal, like jury misconduct or ineffective assistance of counsel. However, these appeals claims are less common. To find out if you have grounds for appealing your case, talk to an appellate lawyer for legal advice.

The Appellate Process from Start to Finish

The burden of proof is often higher for appeals than for lower court cases. Most appeals do not succeed. You have to show that the trial court made an error and that the court’s error affected the outcome.

There is also a limited timeframe to file an appeal. You must file a notice of appeal within the time limit or lose your chance for another court to review the case. The deadline varies by state (usually around 30 to 60 days from the entry of judgment). You must serve the notice of appeal to all other parties in the case.

You will need to identify the parts of the trial record that form the basis for your appeal. The appeals court only reviews the record on appeal. Include documents relevant to your appeals claim, including trial transcripts and exhibits.

You will then submit an appellate brief. This written brief lays out your legal arguments based on the record submitted as well as caselaw, court rules, and court findings. Your brief explains the errors made during the trial, how the errors impacted the outcome, and the correct analysis based on the facts and law of the case.

In most cases, your attorney will request an oral argument, which is an opportunity to present your case in person to the judge or panel of judges. Oral advocacy also offers a chance to clarify any issues and respond to the court’s concerns. However, the appeals court may deny oral arguments and make a decision based on the briefs.

Finally, the appellate court issues a decision. If you disagree with the appellate decision, you can further appeal the case or petition for a review or rehearing. To understand more about the appeals process, talk to an experienced appellate lawyer.

Potential Outcomes of an Appeal

If an appellate court affirms the lower court’s decision, that means it agrees with the outcome. Even if the appeals court has a different legal theory for the case, it can affirm the decision if it reaches the same conclusion of how the case should have gone.

Reversing a judgment on appeal means the appellate court disagrees with the lower court’s decision and changes the outcome.

Remanding a case means the appellate court returns the case to the lower court with specific instructions. The trial court may need to hold further proceedings to reconsider evidence or hold a new trial. The trial court will then issue a new decision, subject to a new appeal.

After the appeals court affirms or denies the lower court’s decision, you may still disagree with the outcome. You may have an opportunity to further appeal the appellate decision to a higher court. Ultimately, you may appeal all the way to the U.S. Supreme Court. However, it’s up to each higher court whether they’ll accept your case.

Should You Hire a Lawyer for Your Appeal?

Appellate law is a specialized practice area with complex court rules and legal procedures. Some attorneys only practice appellate law, and some trial lawyers don’t do appellate practice.

Appellate attorneys can review your case and explain your legal options. An attorney can explain your possible bases for appellate review and your chances of success.

Many appeals end with a settlement between the parties instead of going through the appeals court. An experienced attorney can negotiate to get you a better settlement than the trial court’s outcome. If the trial court made the wrong decision, contact an appellate law attorney to understand your legal rights.