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Appellate-Practice

Why Appeal?

Whether your case has already been decided by a judge or jury, the verdict isn’t always the end of the line. In some circumstances a decision may be reversed on appeal. Appellate review is available to overturn a decision or remand the case back to trial to be conducted properly. Appeals are available for both civil and criminal decisions; however, there are some judgments that can’t be contested. If a judgment was made in error, an attorney may be able to help correct the inequity.

Appellate Review

There is a hierarchy for appealing decisions, based on whether the original case was filed in state or federal court.

Generally in the federal court system, the lowest courts are the U.S. District Courts, whose decisions are reviewed by the U.S. Courts of Appeals. Decisions made by the U.S. Courts of Appeals are reviewed by the U.S. Supreme Court.

Only a very small percentage of cases that are petitioned for appeal are reviewed by the U.S. Supreme Court. The federal courts system also has separate divisions to deal with a particular area of law, such as tax and bankruptcy.

In the state court system, the progression typically goes from circuit court (also known as district court or superior court), to the state appellate courts and then to the state Supreme Court. Most states refer to the highest court as supreme court, but there are exceptions. New York's highest court is called the Court of Appeals.

A state's highest court isn't always your last resort. It’s possible to have a state Supreme Court decision reviewed by the U.S. Supreme Court if federal statutes or Constitutional rights are an issue but only a handful of cases are accepted.

Basis for Appeal

Cases are appealed by different parameters known as standards of review. An appeal is not a retrial of the case.

For an appeal to be granted a review, the party appealing the decision must typically show there was some substantial error made by a lower court during the trial that adversely affected the outcome of the case.

The court can review a question of fact or law. In some cases, a court can also review a case de novo, a case completely independent of the lower courts findings.

Should you be granted an appeal, you'll find the process is different from a trial. An appeal is a hearing. Each party must submit a brief outlining and explaining their position to the court. The matter is the argued before the appellate court. There is usually no testimony or other evidence presented.

An attorney can be critical when appealing a case. Learn about the appellate process and how your case will be affected with help from a local attorney.