What is an appeal?

In its broadest sense, an “appeal” is a formal request that a higher court re-examine the procedure or decision of a lower court, administrative agency, or other body. An appeal normally may be taken by the party who loses or did not get all the relief sought. If both parties are dissatisfied, each may appeal part of the decision.

After a trial judge sends the parties in a case a copy of the judgment, the parties have 30 days to decide whether or not to appeal the judge’s decision. An appeal is done in cases where you feel the judge made a substantial mistake that seriously affected the outcome of your case. In fact, the body of the appeals brief that your attorney will draft goes over the mistake in detail and argues why the appeals court should change, i.e. – “overturn” the decision. However, it should be noted that the appeals court accepts factual findings made by the jury. Therefore, in order to win an appeal, you must show that there has been an error of law rather than claiming that the jury was mistaken in their interpretation of the evidence that was presented.

Once the petition is submitted to the court, the parties must wait for their appeal to be placed on the court’s docket. On average, an appeal takes about a year from start to finish.

An appeal hearing is just that, a hearing. The judges will not call any witnesses or even deal directly with the parties of the case. Instead, they use the hearing as a chance to ask attorneys specific questions about the case and why they should decide in their favor. This hearing can seem very intense to a client, so often clients may wait outside the courtroom during the appeal hearing. After the hearing, the judges will review the case once more and come to a decision to either approve the trial court’s finding or reverse it and give instructions for new remedy.

Case Studies: Understanding the Appeals Process

Case Study 1: Challenging a Trial Judge’s Decision

John, the plaintiff in a personal injury case, was dissatisfied with the trial judge’s decision, which he believed contained a substantial legal mistake that affected the outcome of his case. He decided to file an appeal to a higher court, seeking a re-examination of the trial’s procedure and decision.

John’s attorney drafted a comprehensive appeals brief, outlining the alleged errors and providing legal arguments for the appeals court to overturn the judgment. The appeals process took approximately a year, during which the judges held a hearing to question the attorneys about the case. Eventually, the appeals court reviewed the matter and made a decision, either upholding the trial court’s finding or providing instructions for a new remedy.

Case Study 2: Seeking Appellate Review for a Complex Matter

Mary and her business partner were involved in a complex commercial dispute that resulted in an unfavorable ruling from the lower court. They believed that the trial judge misapplied certain legal principles, leading to an erroneous judgment. To address this, they decided to file an appeal, seeking the appellate court’s review of the case.

Their attorney prepared a detailed appeals brief, highlighting the legal errors and presenting arguments to support the request for a reversal of the decision. During the appeal hearing, the judges posed questions to the attorneys to gain a deeper understanding of the case’s complexities. After careful review, the appeals court made a decision that either upheld the trial court’s judgment or provided new directions for the case.

Case Study 3: Understanding the Limitations of Appeals

Tom and Jane were involved in a medical malpractice lawsuit that went to trial. The jury ruled in favor of the defendant healthcare provider, and Tom and Jane were dissatisfied with the outcome. They approached their attorney to explore the possibility of an appeal. However, their attorney explained that appeals typically focus on errors of law rather than challenging the jury’s factual findings.

As the jury’s interpretation of evidence is generally accepted by the appeals court, Tom and Jane’s grounds for appeal were limited to identifying significant legal mistakes made during the trial. Understanding these limitations, Tom and Jane decided to reevaluate their legal options before pursuing an appeal.