Keith Mack
The legal system allows for appeals to be made to a higher court for the reversal of a decision made by a lower court. This is a well-established process, but it is also a costly and time-consuming one. The right to appeal is not always automatic, and the decision of the next highest court is final and cannot be appealed further. The process of appeal begins with an application, and the higher court will then decide whether to grant leave to appeal. The Constitutional Court, for example, deals with constitutional matters and issues connected with decisions on constitutional matters. It is the highest court and the final decision-maker on whether a matter is a constitutional issue.
| Characteristics | Values |
|---|---|
| What is an appeal? | An application to a higher court for the reversal of a decision of a lower court. |
| Who can appeal? | Anyone who loses a trial can appeal. |
| What happens during an appeal? | The appeal court will not listen to any new evidence. It will only read the report from the lower court to see what evidence was given. |
| Can you appeal a decision made by the "next highest court"? | No, the decision made by the "next highest court" in the appeal process is final and cannot be appealed any further. |
| Can you appeal a decision made by the Supreme Court of Appeal? | Yes, the Constitutional Court can function as the final Court of Appeal. |
| Can you appeal a decision made by the High Court? | Yes, the Supreme Court of Appeal listens to appeals from the High Court. |
| Can you appeal a decision made by the Magistrate's Court? | Yes, the nearest High Court listens to appeals from the Magistrate's Court. |
| Who decides if an appeal can be heard by the Constitutional Court? | The Constitutional Court judges will decide if an important principle relating to the interpretation of the Constitution has been raised and will consider whether there is a reasonable prospect that the appeal may succeed. |
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What You'll Learn
Appeal process and costs
The appeal process involves an application to a higher court for the reversal of a decision of a lower court. The appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the "appellee," tries to show in its brief why the trial court's decision was correct or why any error made was insignificant. Typically, no new evidence may be introduced on appeal, and parties are not allowed to address new issues not previously raised during earlier stages of the case.
In the United States, an appeal may continue upward through the court system until it is heard by the U.S. Supreme Court if the court grants certiorari. The Supreme Court will usually only hear a case when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a few special circumstances in which the Supreme Court is required by law to hear an appeal. The cost of an appeal covers a wide range of services, including attorney's guidance and administrative fees. These can range from hundreds of dollars in filing fees to thousands of dollars in attorney fees. Single-issue appeals are less expensive, as they are focused on only one clearly defined issue of law. However, if someone appeals on several grounds, their appeal can be very costly.
In South Africa, the Supreme Court of Appeal is the successor to the Appellate Division, first established in 1910. The Constitutional Court can also function as the final Court of Appeal, primarily adjudicating Constitutional matters. The costs of an appeal in South Africa include attorneys' fees for taking instructions, prosecuting or defending an appeal, and making or opposing an application.
In California, Rule 8.278 outlines the costs on appeal. The Court of Appeal may award or deny costs as it deems proper, and the clerk/executive officer must enter a judgment awarding costs to the prevailing party.
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![California Code of Civil Procedure [2025 Edition]](https://m.media-amazon.com/images/I/51sB9ChcLhL._AC_UY218_.jpg)
Appealing to the Constitutional Court
In the United States, the losing party in a decision by a trial court in the federal courts is normally entitled to appeal the decision to a federal court of appeals. The appeal is instituted with the filing of a notice of appeal. The appellant then has a specified time to file a brief, a written argument containing that side's view of the facts and the legal arguments upon which they rely in seeking a reversal of the trial court. The appellee then has a specified time to file an answering brief. The appellant may then file a second brief answering the appellee's brief.
In some cases, appeals courts make their decisions only on the basis of the written briefs. In other cases, they hear oral arguments before deciding a case. During oral arguments, each side's attorney is given a relatively brief opportunity to argue the case to the court and answer questions posed by the judges. In the U.S. Supreme Court, an hour is set for oral argument of most cases, which gives each side's lawyers about half an hour to make their oral argument and answer questions. In federal courts of appeals, attorneys are often allotted less time, with 10- or 15-minute arguments being common.
The appellate court determines whether errors occurred in applying the law at the lower court level. It generally will reverse a trial court only for an error of law. Not every error of law, however, is cause for a reversal. Some are harmless errors that did not prejudice the rights of the parties to a fair trial. For example, in a criminal case, a higher court may conclude that the trial judge gave a legally improper instruction to the jury, but if the mistake were minor and, in the opinion of the appellate court, had no bearing on the jury's finding, the appellate court may hold it a harmless error and let a guilty verdict stand. An error of law, such as admitting improper evidence, may be determined to be harmful and therefore reversible error.
If the appeals court affirms the lower court's judgment, the case ends unless the losing party appeals to a higher court. The lower court decision also stands if the appeals court simply dismisses the appeal (usually for reasons of jurisdiction). If the judgment is reversed, the appellate court will usually send the case back to a lower court and order the trial court to take further action. It may order that the trial court reconsider the facts, take additional evidence, or consider the case in light of a recent decision by the appellate court. In a civil case, an appeal doesn't ordinarily prevent the enforcement of the trial court's judgment. The winning party in the trial court may order the judgment executed. However, the appealing party can file an appeal or supersedeas bond. The filing of this bond will prevent, or stay, further action on the judgment until the appeal is over by guaranteeing that the appealing party will pay or perform the judgment if it is not reversed.
In South Africa, the Constitutional Court mostly adjudicates Constitutional matters but can also function as the final Court of Appeal. Cases that reach the Constitutional Court typically start in the High Court, which has the power to grant various remedies and can declare legislation invalid. Any decision that invalidates provincial or parliamentary legislation or any conduct of the President must be confirmed by the Constitutional Court before it has any effect. If the High Court rules against an application, the Constitutional Court may be approached on appeal. Since the Court may only hear constitutional matters, an applicant must show that the case concerns a constitutional matter. The Constitutional Court judges will decide if an important principle relating to the interpretation of the Constitution has been raised and will consider whether there is a reasonable prospect that the appeal may succeed. However, there is no automatic right of appeal. If the Court decides to grant leave to appeal, or if it is unsure and wishes to hear arguments on whether leave to appeal should be granted, the case is set down on a certain date for a hearing.
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Automatic right of appeal
An appeal is an application to a higher court for the reversal of a decision of a lower court. The right to appeal is not always automatic and is governed by the applicable legislation. In the United States, for example, the right to appeal can vary from state to state. While some states vest judicial power in a Supreme Court, others have an appellate court as part of the Superior Court.
In some jurisdictions, the prosecution may appeal "as of right" from a trial court's dismissal of an indictment or a defendant's suppression motion. In other cases, the prosecution may appeal an issue of law "by leave" from the trial court or the appellate court. The ability of the prosecution to appeal a decision in favor of a defendant varies significantly across jurisdictions.
The Superior Courts Act 10 of 2013 (Act) provides clarity on the interpretation of the "next highest court" in the context of automatic appeals. According to the Act, the execution of a judgment is automatically suspended upon an appeal, preventing the judgment from being carried out without the leave of the court that granted it. However, it is important to note that the decision made by the "next highest court" in the appeal process is typically final and cannot be appealed further.
To initiate an appeal, it is crucial to determine the relevant statute and whether leave to appeal is required. Seeking leave when it is not required can result in unnecessary costs and delays. Conversely, failing to apply for leave when necessary may lead to the appeal being dismissed as incompetent, potentially incurring legal costs.
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Appealing a Magistrate's Court decision
An appeal involves applying to a higher court for the reversal of a lower court's decision. If you disagree with a magistrate's decision, you can appeal to a higher court, such as the Crown Court or County Court, for a reversal of the lower court's decision. It is important to note that you do not need grounds for an appeal to challenge a Magistrates Court decision, however, there are strict timelines that must be followed.
Statutory Declaration
If your case was heard in your absence, you can make a statutory declaration to reopen the case. This must be done within 21 days of becoming aware of the proceedings. You can file a statutory declaration with the Magistrates Court, swearing that you were unaware of the proceedings. This will essentially restart the case, and the prosecution will be required to prove their case again.
Notice of Appeal
To appeal a Magistrates Court decision, you must fill out a 'Notice of Appeal' form with the registrar of the Magistrates Court. The registrar will provide you with two copies of the completed form. You must deliver one copy to the person who charged you (usually the informant) within seven days via mail, fax, email, or in person. Provide the other copy to your legal representative, if you have one.
Timelines
You only have 28 days from when the magistrate sentences you to appeal. After this time, you will need the judge's permission to appeal, and you must demonstrate exceptional circumstances for the delay.
Sentencing
It is important to be aware that the higher court may impose a harsher sentence than the Magistrates Court. If the magistrate sentenced you to jail, you can request bail until the appeal hearing. Additionally, if your licence was cancelled or suspended, you can ask the magistrate for permission to drive, although this may be denied.
Legal Advice
Given the complexity of this area of law, it is highly recommended that you seek legal advice before lodging an appeal. A legal representative can advise you on the merits of your case and whether your sentence was appropriate. They can also assist you in navigating the appeal process and ensuring you meet all requirements and deadlines.
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Appealing a High Court decision
In most cases, you can appeal a law. Appeals involve applying to a higher court for the reversal of a decision made by a lower court. In the case of the UK, applications for leave to appeal against decisions made by the Crown Court are handled by the Court of Appeal Criminal Division. Appeals against the outcome of a hearing in a county court or a High Court are typically handled by the Court of Appeal Civil Division.
If you wish to appeal a High Court decision, you must first seek legal advice. You can find a solicitor or get free legal advice from a law centre or Citizens Advice. It is important to note that there are strict time limits for filing an appeal, typically 21 days, but sometimes as short as 7 days. You must also pay a court fee to appeal, which is £646 for a direct appeal to the Court of Appeal. If you go to the Court of Appeal after a lower court or tribunal gives permission, you will have to pay £1,446.
Before filing your appeal, you must ensure that the court is the right place for your appeal, as you may need to appeal to another judge or court first. For example, in a small claims case, you might have to appeal to a circuit judge before going to the Court of Appeal. If you file your appeal in the wrong court, you may not have enough time to refile it in the correct court.
To appeal, you must explain why the decision was wrong or unfair, for example, if there was a serious mistake or if the court did not follow the correct steps. The judges may agree with all or part of your appeal, but they can also dismiss it or order a retrial. If you lose your appeal, you can appeal to the Supreme Court.
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Frequently asked questions
An appeal involves an application to a higher court for the reversal of a decision of a lower court. If you lose a trial, you can appeal to a higher court to change the decision of the trial court.
The appeal court will not listen to any new evidence. It will only read the report from the lower court to see what evidence was given. The decision made by the “next highest court” in the appeal process is final and cannot be appealed any further.
The Constitutional Court deals with matters of direct access to the court. It can also function as the final Court of Appeal. Cases that reach the Constitutional Court start in the High Court and if the High Court rules against an application, the Constitutional Court may be approached on appeal.
