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If a trial does not end in your favor, you may have the option to appeal the decision.
The appeals process can vary depending on which court system you are working with. One important thing to note: you can choose a different attorney for your appeal if you were not satisfied with their previous work.
To learn more about how to navigate the appeals process for your case, contact an appellate attorney near you.
What is an appeal?
An appeal is a legal process whereby a party in a lawsuit challenges the trial court's final order, judgment, or verdict. The party seeking to challenge the judgment, known as the appellant, must allege a mistake of law or an error by the trial court.
Generally, most appeals are discretionary, and the appeals court can typically choose whether they want to hear the appeal or not. An important thing to know about appeals is they generally have extremely short deadlines, sometimes as little as 30 days or less. If you're involved in a lawsuit and want to explore your options for appeal, you must act at once.
When an appeal is filed, typically the appellant will file a brief, which is a written argument describing the errors that are alleged to have occurred at the trial court level. The responding party, known as the appellee, will have the opportunity to answer the arguments contained in the appellant's brief and the appellee can also file a counter-appeal.
In some appeals courts, the judge or panel of judges will decide the appeal based on written briefs alone. In other cases, they will hold oral arguments with the attorneys and are able to question the attorneys.
Once the appeals court renders a decision, it can affirm the trial court's ruling, meaning the original decision stands. It can reverse the ruling, but remand it back to the trial court with instructions, or it can reverse the decision partially or completely. If a party is not happy with this intermediate appeals court decision, that party can appeal the case again to a higher appeals court, which may be the state Supreme Court if you were in state court or one of the federal circuit courts, if you're in federal court.
These appeals, if they are accepted and decided by the higher court, can then be appealed again to the federal Supreme Court if there is a question of federal law or constitutional rights. You do not need to keep the same attorney you had at the trial court level to appeal, and in some cases, that would not be recommended.
If you are looking for an appellant attorney, check out our local listings. If you have further questions, feel free to submit a contact form to AskTheLawyers.com™.
Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.