In any court case, the losing party can file an appeal to challenge the court's decision. Occasionally, the winning side in a case may also file an appeal if they feel they did not get everything they deserved in the court's ruling.
The appeal process
Appeals can be filed in both civil and criminal cases. In general, if either side in a case feels that the court made a legal error in its judgment, or if the evidence presented does not justify the verdict, an appeal can be filed.
Appeals go to the next court up in the system. For example, if the decision in a case in state court is appealed, the appeal goes to the state appeals court. The appeals court decision is usually final, but it may be possible to appeal further.
The number of times a case can be appealed depends on the number of courts in a system. However, a higher court can refuse to hear an appeal, in which case the ruling of the lower court would stand. If a case makes it to the state supreme court, that court usually has the final say in the matter.
How to file an appeal
To appeal a case, you must first file a Notice of Appeal with the Court of Appeals. Generally, you will have 30 days to file the notice for a civil case and 10 days for a criminal case.
In the Court of Appeals, the person (or party) who lost the original case becomes the "appellant," and the winner of the original case becomes the "appellee." The appellant must file a brief containing the legal reasons for overturning the original ruling, and the appellee files a brief showing the legal reasons the original ruling was correct. The appellant can also submit a reply brief, if necessary.
Making the decision to appeal
The decision to appeal a case should not be made lightly. An appeal can be time consuming and expensive, and there is no guarantee that the original decision will be reversed. If you think you might want to appeal a case, consider these important questions before moving forward:
- What do you want to accomplish with your appeal?
- Do you want a new trial or just a change to the original decision?
- Do you have the time and/or money for a new trial?
If you decide to move forward and appeal your case, an experienced appellate attorney can help you navigate the appeal process.
Related Legal Guides:
Statute of Limitations for Lawsuits
Class-Action Lawsuits
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