Keith Mack
An appeal is a formal request to a higher court to review the decision of a lower court. The appeals process typically involves attorneys and judges and can be long, complicated, and frustrating. While appellants should generally avoid making arguments that were not raised in the trial court, changes in the law after a judgment has been entered can provide a valid basis for doing so. Appeals are usually based on arguments that errors were made in the trial procedure or in the judge's interpretation of the law. The party making the appeal is called the appellant, and the other party is the appellee or respondent. The appellate court determines whether errors occurred in applying the law at the lower court level. It will generally reverse a trial court only for an error of law, such as admitting improper evidence.
| Characteristics | Values |
|---|---|
| Can new case law be raised on appeal? | Yes, if there is a change in the law after the judgment has been entered. |
| Who can file an appeal? | The losing party in a decision by a trial court in the federal courts. |
| What is the first step in an appellate case? | File a notice of appeal with proof that legal grounds exist for the appeal request. |
| What is the general rule for raising new issues on appeal? | An appellant cannot raise issues for the first time on appeal. |
| What is an exception to the general rule? | If there is a change in the law affecting the outcome of the case. |
| What is the appeal process like? | It typically involves attorneys and judges and can be long, complicated, and frustrating. |
| What is the role of the appellant? | To prove that an error occurred during the original trial which seriously impacted the outcome of the case. |
| What happens if the appeals court affirms the lower court's judgment? | The case ends unless the losing party appeals to a higher court. |
| What if the judgment is reversed? | The appellate court will usually send the case back to a lower court and order further action. |
| Can new evidence be presented during an appeal? | No, new witnesses are not considered during an appeal. |
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What You'll Learn
- Appeals are based on errors in procedure or interpretation of the law
- New evidence is not presented during an appeal
- A notice of appeal must be filed with proof of legal grounds
- The appeal process involves attorneys and judges and can be lengthy
- A writ of certiorari can be filed to petition the Supreme Court
Appeals are based on errors in procedure or interpretation of the law
Appeals are a formal request to a higher court to review the decision of a lower court. They are not a retrial or a new trial, and new evidence is not usually presented. Appeals are usually based on arguments that there were errors in the trial's procedure or the judge's interpretation of the law. The party appealing is called the appellant or petitioner, and the other party is the appellee or respondent.
The first step in an appellate case is to file a notice of appeal, which marks the beginning of the time period within which the appellant must file a brief. This is a written argument containing that side's view of the facts and the legal arguments they rely on in seeking a reversal of the trial court. The appellee then has a specified time to file an answering brief, to which the appellant may respond with another brief. The appellate court determines whether errors occurred in applying the law at the lower court level and will generally only reverse a trial court for an error of law.
Not every error of law is cause for a reversal. Some are considered harmless errors that did not prejudice the rights of the parties to a fair trial. For example, a higher court may deem that a trial judge gave an improper instruction to the jury, but if the mistake was minor and had no bearing on the jury's finding, the appellate court may let a guilty verdict stand. However, an error of law, such as admitting improper evidence, may be determined to be harmful and therefore reversible.
If the appeals court affirms the lower court's judgement, the case ends unless the losing party appeals to a higher court. If the judgement is reversed, the appellate court will usually send the case back to a lower court and order further action.
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New evidence is not presented during an appeal
An appeal is not a retrial or a new trial of a case. Appeals courts do not usually consider new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial procedure or errors in the judge's interpretation of the law. The appeal is instituted with the filing of a notice of appeal. This filing marks the beginning of the time period within which the appellant must 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.
New evidence is generally not allowed to be introduced during a criminal appeal. However, this isn't to say that new evidence plays absolutely no role in the criminal appeals process. There are three specific ways in which new evidence might be introduced:
- The prosecutor wrongly concealed evidence: Prosecutors are required to turn over exculpatory evidence to the defence counsel. This evidence tends to exonerate the defendant or strengthen their defence.
- Evidence was improperly not admitted at trial: This concerns "new" evidence in the sense that it never made its way into court and, therefore, was excluded from the trial record because of an improper ruling by the judge. If the trial judge misunderstood the rules of evidence and disallowed a piece of evidence or testimony to be admitted, the appellate court may reverse the judge's decision and remand the case back to the trial court.
- Newly discovered evidence: There are also situations in which evidence that exonerates the defendant is discovered after they are convicted of a crime. However, there must be a compelling reason for why this evidence was not introduced at trial. Poor research on the defence attorney's part will likely not be enough.
While appellants should always be wary of making arguments that were not raised in the trial court, changes in the law occurring after the judgment has been entered can provide an appropriate basis for doing so.
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A notice of appeal must be filed with proof of legal grounds
An appeal is a formal request to a higher court to review the decision of a lower court. It is not a retrial or a new trial, and new evidence is generally not presented. Appeals are usually based on arguments that errors were made in the trial procedure or in the judge's interpretation of the law. The party making the appeal is called the appellant or petitioner, and the other party is the appellee or respondent.
The first step in an appeal is to file a notice of appeal, along with proof that legal grounds exist for the request. This is typically done by an attorney, who will argue that a legal error occurred, such as the judge applying the wrong law to a case. A written brief is then submitted to the appeals court, outlining specific facts that support the appellant's claims. The brief must make clear the mistakes that warrant a reversal of the trial court's decision. Preparing such a brief requires an experienced attorney who can review the original court records and research relevant case law.
The appellee then has a specified time to file a response, to which the appellant may reply. The appeals court may then request an oral argument, which is a structured discussion between the appellate lawyers and a panel of judges, focusing on the legal principles in dispute. Each side is usually given a short time to present their arguments, typically around 15 minutes.
Most appeals are final, and the court of appeals' decision will be the final word in the case. However, the court may send the case back to the trial court for additional proceedings, or the parties may ask the Supreme Court to review the case.
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The appeal process involves attorneys and judges and can be lengthy
The appeals process is a formal request to a higher court to review a lower court's decision. The process typically involves attorneys and judges and can be lengthy, complicated, and frustrating. The party appealing is called the appellant or petitioner, and the other party is the appellee or respondent. The first step in an appeal is to file a notice of appeal, which marks the beginning of the time period within which the appellant must file a brief. This brief is a written argument containing the appellant's view of the facts and the legal arguments they rely on in seeking a reversal of the trial court's decision. The appellee then has a specified time to file an answering brief, to which the appellant may respond.
In some cases, the appeals court may ask for or one of the parties may request oral arguments. Oral arguments are structured discussions between the appellate lawyers and a panel of judges, focusing on the legal principles in dispute. Each side is given a short time, usually about 15 minutes, to present arguments and answer questions. In the US Supreme Court, each side is typically given about half an hour, while in federal courts of appeals, attorneys may be allotted even less time.
The appeals court then makes its decision, which is usually final. If the appeals court affirms the lower court's judgment, the case ends unless the losing party appeals to a higher court. If the judgment is reversed, the appellate court will usually send the case back to a lower court and order further action, such as reconsidering the facts, taking additional evidence, or considering the case in light of a recent decision.
While appellants should generally avoid making arguments that were not raised in the trial court, changes in the law after the judgment can provide a basis for doing so. However, the general rule is that an issue not preserved in the trial court will not be considered on appeal. There may be exceptions to this rule, as in the case of Morris v Radley, where the Michigan Supreme Court recognised the right of appellate courts to consider "manifest and serious errors" even if the appealing party failed to object in the lower court.
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A writ of certiorari can be filed to petition the Supreme Court
In the United States, a litigant who loses a case in a federal court of appeals or the highest court of a state may file a petition for a "writ of certiorari". This is a document asking the Supreme Court to review the case. The Supreme Court is not obliged to grant this review. It will typically agree to hear a case only when it involves an unusually important legal principle or when two or more federal appellate courts have interpreted a law differently.
The writ of certiorari is filed by the losing side in a case decided by a federal court of appeals or a state's highest court. It is a petition asking the Supreme Court to review, hear oral arguments, and eventually issue a decision on the merits of the case. The side seeking the review is known as the "petitioner", while the opposing side is the "respondent". After the petitioner files the writ, the respondent has 30 days to file a brief arguing that the Supreme Court should not hear the case. The justices generally consider the petition, the brief in opposition, and the petitioner's reply brief about a month after the initial brief is submitted.
The Supreme Court generally hears oral arguments before deciding a case. Each side's attorney is given a relatively brief opportunity to argue their case and answer questions. In the US Supreme Court, an hour is typically set aside for oral arguments, giving each side's lawyers about half an hour. In federal courts of appeals, attorneys are often allotted less time, with 10- or 15-minute arguments being common.
Appeals courts do not usually consider new witnesses or new evidence. Appeals are usually based on arguments that there were errors in the trial procedure or in the judge's interpretation of the law. In some cases, an appeal may be filed due to a change in the law. While appellants should be cautious about making arguments that were not raised in the trial court, changes in the law after the judgment can provide a valid basis for an appeal.
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Frequently asked questions
An appeal is a formal request to a higher court asking for a review of the decision made by a lower court. It is not a retrial or a new trial.
No, new evidence is typically not presented during an appeal. Appeals are usually based on arguments that errors occurred in the trial's procedure or errors in the judge's interpretation of the law.
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. Either side may appeal the verdict in a criminal case.
If the appeals court affirms the lower court's judgment, the case ends unless the losing party appeals to a higher court.
While appellants should be cautious about making new arguments on appeal, changes in the law after the judgment can provide a valid basis for doing so.
