Kara Sears
An appeal is not a retrial or a new trial of a case, but a review of the procedure and the judge's interpretation of the law. The party appealing is called the appellant or petitioner, and they must present legal arguments to the panel in a document called a brief. The brief attempts to persuade the judges that the trial court made an error and that its decision should be reversed. The appeal is instituted with the filing of a notice of appeal, which marks the beginning of the time period within which the appellant must file their brief. While some cases are decided based on written briefs alone, many cases are selected for an oral argument before the court, where each side is given a short time to present arguments. The court of appeals decision is usually final, unless the case is sent back for additional proceedings or reviewed by a larger group of judges or the Supreme Court.
| Characteristics | Values |
|---|---|
| When to file an appeal | After a final decision/ruling has been made in your case. |
| Who can file an appeal | The appellant or petitioner. |
| What is required to file an appeal | A notice of appeal, which should be filed with the Clerk of the Court in which the action was commenced. |
| Time limit to file an appeal | Generally 30 days, beginning from the service of the underlying order with notice of entry. |
| Cost of filing an appeal | Court fees must be paid at the end of the appeal, unless the court orders the other party to pay. |
| Can you appeal without a lawyer? | Yes, but it is very hard to do. |
| Grounds for appeal | Errors in the trial procedure or errors in the judge's interpretation of the law. |
| Types of errors | Errors of law, errors regarding the facts. |
| What happens after filing an appeal | The appellant presents legal arguments to the panel, in writing, in a document called a "brief". |
| What happens if you lose your appeal | You may have the option of filing a motion for reconsideration. |
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What You'll Learn
Grounds for appeal
Legal or Judicial Errors
An error of law or judicial error is a strong ground for appeal. It occurs when a judge applies the wrong rule or legal standard to the facts of a case, or fails to follow relevant statutes or case law in the relevant state or jurisdiction. For example, in custody cases, if a judge ignores evidence of domestic violence when determining the child's best interests, this may constitute an error of law. Appellate courts will review the law that should have been applied and decide if the trial court judge made a mistake.
Procedural Errors
Procedural errors include mistakes, irregularities, or violations of procedural rules during trial proceedings. Common procedural errors include due process violations, improper admission or exclusion of evidence, and errors in jury instructions. These errors can prejudice a defendant's rights and undermine the reliability of the trial outcome, providing strong grounds for appeal.
Unreasonable Verdict
An unreasonable verdict refers to a judgment that is not supported by the evidence presented at trial. If the verdict is inconsistent with or based on insufficient evidence, it may provide grounds for appeal. The appellate court will assess whether the lower court's decision was reasonable based on the evidence.
Judicial Bias or Trial Misconduct
Appeals may also be based on allegations of judicial bias or trial misconduct, which can result in a miscarriage of justice. Judicial bias occurs when a judge exhibits prejudice or partiality that could influence their decision and prevent a defendant from receiving a fair trial. Trial misconduct covers improper behaviour during proceedings that may prejudice a defendant's rights or compromise the integrity of the trial.
It is important to note that the specific grounds for appeal may vary by state and type of case. Seeking legal advice or consulting state judiciary resources is recommended to determine the most appropriate grounds for a specific appeal.
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Appealing without a lawyer
The process for filing an appeal typically involves the following steps:
- File the Notice of Appeal.
- Pay the filing fee.
- Determine if/when additional information must be provided to the appeals court as part of opening your case.
- Order the trial transcripts.
- Confirm that the record has been transferred to the appellate court.
- Determine what must be filed with your brief.
- Determine when your brief must be filed.
- Check the length and formatting requirements for the brief.
- Write your brief.
It is important to note that you cannot appeal a court’s decision simply because you are unhappy with the outcome. The grounds for an appeal typically involve a judge making an error of law, which means they applied the wrong rule or legal standard to the facts of your case. This can occur if a trial court did not follow the relevant statute or case law in your state. For example, in custody cases, a judge must determine what is in the child’s best interests, considering factors such as whether a parent committed domestic violence.
Additionally, you usually must have pointed out the mistake to the trial judge at the time by objecting in court, which is called "preserving your record." This can strengthen your case for appeal. However, it is important to remember that even if you file an appeal, the court order you are appealing against will still go into effect unless you file a Motion to Stay, which is difficult to obtain. The Court is also not required to hear an appeal in every case and only takes on a small number of cases each year.
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Filing an appeal
The process of filing an appeal can vary depending on the nature of the case and the jurisdiction. However, here is a general overview of the key steps and considerations when filing an appeal:
Grounds for Appeal
Firstly, it is important to understand the grounds for an appeal. Typically, this involves demonstrating that the trial court or judge made a significant error, such as an error of law or an erroneous factual finding. An error of law occurs when the wrong rule or legal standard is applied to the facts of the case. For example, in custody cases, if a judge ignores evidence of domestic violence when determining custody, this may be grounds for appeal as the judge did not follow the relevant statute or case law.
Filing Documents
When filing an appeal, certain documents are required. These typically include the notice of proposed action, the agency decision or order being appealed, and any relevant notices of personnel action. In some cases, evidence that the administrative process has been exhausted may also be required. It is important to only file the necessary documents, as filing too many can duplicate the agency's filings. The relevant forms for filing an appeal can usually be found on the judiciary website of your state or relevant authority.
Strategy and Representation
Appeals can be complex, and it is highly recommended to seek legal representation. If you plan to file an appeal on your own, it is advisable to consult a lawyer for advice and to check for resources for unrepresented litigants on your state's judiciary website. These websites often provide guides for the appeals process.
Court Process
Appeals may be decided based on written briefs alone, or they may be selected for "oral argument" before the court. In an oral argument, each side is usually given a short time, around 15 minutes, to present their arguments to the panel of judges. The decision of the court of appeals is typically final, unless the case is sent back for additional proceedings or reviewed by a higher court.
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Appealing a judge's order
When appealing a judge's order, it is important to act quickly as you usually have a short window to file an appeal after a judge issues an order or decision that you want to appeal. The time limit will depend on your state and the type of case, but in many states, a Notice of Appeal must be filed within 30 days of the date of the final trial order. For example, in Massachusetts, the time limit to file an appeal is 10 days for eviction cases and 30 days for other types of cases from the Housing Court.
To start the appeals process, you must file a Notice of Appeal within the required time limit. After filing the Notice of Appeal, there will be additional documents and steps required, often with their own deadlines. It is recommended to consult an attorney in your state about these steps and deadlines. The act of filing an appeal does not stop the court order from going into effect. The only way to do this is to file a post-trial motion called a Motion to Stay, which is difficult to obtain.
In an appeal, you must make all your arguments in writing and cannot present witnesses or new evidence. You also usually cannot make new arguments, and the appellate court will only consider whether a legal mistake was made in the trial court and whether this mistake changed the final decision. An error of law is the strongest type of ground for appeal, as it means the judge applied the wrong rule or legal standard to the facts of your case. For example, in custody cases, if a judge ignores domestic violence evidence when determining custody, you may have grounds to appeal based on an error of law.
Although some cases are decided based on written briefs alone, many are selected for an "oral argument" before the court. Oral argument in the court of appeals is a structured discussion 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 their arguments. Most appeals are final, but in some cases, the decision may be reviewed by a larger group of judges or the case may be sent back for additional proceedings.
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Errors of law
An error of law is the strongest type of ground for appeal because the appellate court reviewing the case does not have to give any weight to what the trial court judge did. The appellate court will look at the law that was supposed to be applied and decide whether or not the trial court judge made a mistake. When an appellate court reviews a case for errors of law, it often does so de novo, meaning it looks at the issue anew, without deference to the lower court’s decision. If the appellate court determines that an error of law was made and it significantly influenced the outcome, it can overturn the original decision or order a new trial.
Legal errors typically fall into three broad categories:
- Procedural Errors: These occur when a court doesn’t adhere to the set legal procedures during a trial. These errors can significantly impact the fairness of a trial and its final outcome. Such errors may involve incorrect handling of evidence, inappropriate jury instructions, failure to provide proper notice, or violations of a defendant’s constitutional rights during a trial.
- Errors of Law: These occur when a judge misinterprets or incorrectly applies a law during a trial, leading to a potentially unjust decision. These errors can have significant implications on the outcome of a trial and often form substantial grounds for appealing a verdict or sentence. An error of law could involve a judge misinterpreting a statute, misapplying legal precedent, or applying an incorrect law to the facts of a case.
- Errors of Fact: Errors of fact occur when a judge or a jury makes a mistake regarding the factual aspects of a case, such as the events that occurred, the credibility of witnesses, or the interpretation of evidence presented. For example, a jury may wrongly conclude that a witness was lying based on their demeanor, or a judge might misinterpret a piece of evidence, leading to an incorrect factual finding.
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Frequently asked questions
It is very hard to file an appeal without a lawyer. If you do decide to file an appeal on your own, you may want to talk to a lawyer for advice as you plan your strategy.
Grounds for an appeal include errors in the trial procedure or errors in the judge's interpretation of the law. An error of law is the strongest type of ground for appeal because the appellate court reviewing the case does not have to give any weight to what the trial court judge did.
The appeal is instituted with the filing of a notice of appeal. This 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. The appellee then has a specified time to file an answering brief.
After a case is orally argued or otherwise presented for judgment, the appeals court judges will meet in conference to discuss the case. 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.
