Gavin Howe
An appeal is a legal process that allows a litigant, known as the appellant or petitioner, to request a higher court to review a decision made by a lower court (trial court). The appellant must present legal arguments in a document called a brief, attempting to persuade the judges that the lower court made an error and that its decision should be reversed or altered. The party defending against the appeal, the appellee or respondent, will then try to show why the original decision was correct or why any errors were insignificant. Appeals can be filed in both civil and criminal cases, and can be based on errors in procedure or interpretation of the law. While an appeal does not typically halt the enforcement of the trial court's judgment, the appealing party can file an appeal or supersedeas bond to stay further action until the appeal is concluded.
| Characteristics | Values |
|---|---|
| Who can file an appeal? | The appellant (litigant) or petitioner (defendant) |
| Who can the appeal be filed against? | The appellee or respondent |
| Who can help with filing an appeal? | A lawyer or legal representative |
| What is the process of filing an appeal? | File a notice of appeal, present legal arguments in writing (briefs), present oral arguments, and provide additional information if required |
| What are the grounds for an appeal? | Errors in trial procedure, errors in the judge's interpretation of the law, or abuse of discretion by the judge |
| What are the time limits for filing an appeal? | Varies by jurisdiction, typically 30 days or 60 days from the entry of judgment |
| Can new evidence be introduced during an appeal? | No, appeals courts generally do not consider new witnesses or evidence |
| Can an appeal be filed during an ongoing case? | Yes, an "interlocutory appeal" can be filed to appeal the judge's decision on a specific issue |
| Can an appeal result in a new trial? | Yes, if the Appeals Court decides that there were significant errors, it may order a new trial |
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What You'll Learn
Appealing without a lawyer
While it is possible to file an appeal without a lawyer, it is a complicated procedure that involves written arguments (called "briefs") and technical rules of law. It is highly recommended that you seek legal advice before deciding to file an appeal on your own. You can check your state’s judiciary website to see if there are resources for unrepresented (pro se) litigants. Many state websites offer guides for the appeals process.
If you decide to proceed without a lawyer, you will need to follow the steps outlined below:
- File a Notice of Appeal: This marks the beginning of the appeals process and is typically done shortly after the court's decision.
- Pay the filing fee: There may be a cost associated with filing an appeal, which you will need to cover.
- Order trial transcripts: Obtain transcripts of the original trial proceedings, as these will be necessary for your appeal.
- Confirm record transfer: Ensure that all relevant records have been transferred to the appellate court.
- Determine additional information: Check if there is any additional information or documentation that needs to be provided to the appeals court.
- Write your brief: Prepare a written argument, presenting your legal arguments and justifications for appealing the decision. This is a critical step, as it will form the basis of your appeal.
- Follow formatting guidelines: Adhere to the length, formatting, and content requirements specified by the appellate court for your brief.
- File your brief: Submit your written argument within the specified timeframe.
It is important to note that you cannot appeal a court's decision simply because you disagree with it. There must be valid grounds for your appeal, such as errors in the trial procedure or the judge's interpretation of the law. Additionally, in most cases, you must have objected during the original trial and "preserved your record" by bringing attention to the mistake at the time it occurred.
Appeals are complex, and the court is not required to hear every case. If your appeal is accepted, it may result in the original decision being upheld, reversed, or altered. In some instances, the case may be sent back to the trial court for further proceedings.
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Grounds for appeal
An appeal is not a retrial or a new trial of the case. 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 grounds for an appeal typically include:
Error of Law
An "error of law" is when the judge applies the wrong rule or "legal standard" to the facts of the case. This can occur if a trial court does not follow the statute or case law in your state that is supposed to apply to your case. For example, in custody cases, a judge must determine what is in the child's best interests. Most states have laws setting forth certain factors that must be considered, typically called "best interests factors". If one of those factors is whether or not a parent committed domestic violence but the trial judge ignores domestic violence evidence in making the custody determination, you may have grounds to appeal based on an error 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.
Abuse of Discretion
A trial judge has a great deal of power to make decisions in a case, except for decisions that are strictly about applying the law. Examples of this broad power, known as "judicial discretion", include what evidence to admit during the trial, whether to grant a motion or request made by a party, and whether to grant a protection order or approve a proposed settlement agreement. If a judge makes an error when using this discretion, it will not be a sufficient ground for an appeal.
Factual Errors
Generally, a judge’s ruling in the trial court must be based on the facts that are proven at trial. In most cases involving domestic violence and family law, there is no jury and the judge serves as the “fact finder”. Because the trial judge has the opportunity to directly observe the evidence through witness testimony and documents, photos, etc., most appellate courts will very rarely second guess a judge’s factual findings.
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Appealing a criminal case
Grounds for appeal
The grounds for an appeal typically include errors in the trial's procedure or the judge's interpretation of the law. An "error of law" occurs when the judge applies the wrong rule or "legal standard" to the facts of the case. For example, in custody cases, a judge must determine the best interests of the child, taking into account factors such as domestic violence. If the judge ignores relevant evidence and makes a ruling that is deemed incorrect, this could be grounds for an appeal.
The appeals process
The first step in the appeals process is to file a notice of appeal, indicating your intention to proceed. This is followed by the submission of written arguments or "briefs" by both the appellant (the party appealing) and the appellee (the party defending against the appeal). The appellant's brief presents legal arguments to the panel of judges, attempting to persuade them that the trial court made an error and that its decision should be reversed. The appellee's brief aims to show why the trial court's decision was correct or why any errors made were not significant enough to affect the outcome.
Oral arguments
In some cases, the appeals court may select the case for an "oral argument," which is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute. Each side is typically given a short time, usually about 15 minutes, to present their arguments. The court's decision is usually final, unless the case is sent back to the trial court or reviewed by a higher court.
Time limits
It is important to note that there are time limits for filing a notice of appeal, which vary depending on the jurisdiction. For example, in New York, the notice of appeal must be filed within 30 days from the date of sentencing. In Pennsylvania, a post-sentence motion should be filed within 10 days of sentencing, and if denied, a notice of appeal must be filed within 30 days.
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Appealing a civil case
In the United States, appealing a civil case follows a similar process to appealing a criminal case. Either party may appeal to a higher court, but there must be a legal basis for the appeal—an alleged material error in the trial, not just the fact that the losing party didn't like the verdict.
Appeals are usually based on arguments that there were 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 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. For example, in custody cases, a judge must determine what is in the "best interests" of the child. If the trial judge ignores evidence of domestic violence when making the custody determination, you may have grounds to appeal based on an error of law.
The party appealing is called the appellant, or sometimes the petitioner. The other party is the appellee or the respondent. 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 a brief. The brief is 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's decision. The appellee then has a specified time to file an answering brief, to which the appellant may respond with a second brief.
After a case is argued or presented for judgment, the appeals court judges will meet in conference to discuss the case. The court will then issue a written decision, which may take the form of an opinion, a dissenting opinion, a concurring opinion, or an unsigned opinion. If the appeals court affirms the lower court's judgment, the case ends unless the losing party appeals to a higher court.
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 litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant this request. The Court will typically 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.
It is possible to file an appeal on your own, but it is generally a complicated procedure that involves written arguments (briefs) and technical rules of law. 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.
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Appealing during an ongoing case
An appeal is the legal process of asking a higher court to review a lower court's decision because you believe the judge made a mistake. Usually, you can only file an appeal after there has been a final ruling in your case, but there are exceptions to this rule. In certain circumstances, you may file an "interlocutory appeal" to appeal the judge's decision on an issue during an ongoing court case. However, pursuing an appeal does not stop the court order from going into effect; the order must be followed during the entire appeal process unless you file a Motion to Stay and a "stay" is granted.
The party appealing is called the appellant or sometimes the petitioner, and the other party is the appellee or the respondent. The appellant presents legal arguments to the panel in a document called a "brief". In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. The appellee then has a specified time to file an answering brief, and the appellant may then file a second brief answering the appellee's brief.
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. 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.
In a civil case, an appeal does not ordinarily prevent the enforcement of the trial court's judgment. 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 on appeal.
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Frequently asked questions
Any litigant who is not satisfied with a decision made by a federal administrative agency can file an appeal. In a criminal case, either side may appeal the verdict. The defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. In a civil case, an appeal does not ordinarily prevent the enforcement of the trial court's judgment. However, the appealing party can file an appeal or supersedeas bond to stay further action on the judgment until the appeal is over.
Appeals in 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. An "error of law" generally means that the judge applied the wrong rule or "legal standard" to the facts of the case. For example, in custody cases, if a trial judge ignores evidence of domestic violence when determining custody, this may be grounds for appeal.
An 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 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. The appellant may then file a second brief answering the appellee's brief. It is possible to file an appeal on your own, but it is generally a complicated procedure that involves written arguments (briefs) and technical rules of law.
