Going to court is rarely anyone’s first choice, where an unfavorable outcome is always a possibility. However, a trial court loss is not necessarily the end of the line. You may be able to appeal to a higher court.
If you received an unfavorable court decision, contact Smith + Malek PLLC to speak with a Boise appellate attorney about your options. We can help you understand if and how you can appeal and guide you through the process. We are an appellate law firm dedicated to helping better our clients’ lives and our community. We focus on business-related legal issues, real estate, healthcare, and natural resources law.
What Is Appellate Law?
Appellate law involves appealing lower court decisions to higher courts through the layers of the U.S. court system. There are two distinct appellate court systems: state and federal.
State Court Appeals
When you sue in state court, you begin in a county court in one of Idaho’s seven districts. Boise, for example, is located in the Fourth Judicial District. After the trial court makes certain decisions, the parties have the opportunity to appeal.
The Idaho Court of Appeals and the Idaho Supreme Court are Idaho’s appellate courts. You can appeal to the Idaho Supreme Court from the Idaho Court of Appeals. The Idaho Supreme Court has the final say on issues involving Idaho law and the Idaho Constitution.
Federal Court Appeals
Idaho has one federal district court, the District of Idaho. District of Idaho rulings can be appealed to the United States Ninth Circuit Court of Appeals.
The Ninth Circuit includes 12 judges who typically sit in three-judge panels, but you can ask for the entire court to hear the case, called sitting “en banc.” Unfavorable Ninth Circuit rulings are appealed to the U.S. Supreme Court, the end of the line for appeals.
Sometimes, you can appeal from the Idaho Supreme Court to the U.S. Supreme Court. For that to happen, the case must involve federal issues, like a federal law or questions about the U.S. Constitution.
What Types of Cases Can You Appeal?
You can appeal most cases, including civil actions, the legal area covering non-criminal court proceedings. You may also appeal from several types of administrative proceedings from state or federal agencies.
Typically, you need to provide specific reasons for your appeal. These reasons often include the lower court misinterpreting the law or facts of the case.
When Can You Appeal?
Generally, a court order must be final to be appealable, with limited exceptions. A final order effectively ends an issue or the case altogether, but it need not come after a trial.
Final Orders
Cases can end at several procedural stages based on the plausibility of your claim, the evidence available, and the motions the parties make. A court may issue a final order following:
- Motion to dismiss—typically granted if the bare bones recitation of facts and law could only conceivably favor one party;
- Motion for summary judgment—typically granted if the law and evidence could only conceivably favor one party based on limited evidence;
- Bench trial—trial without a jury before a judge; or
- Jury trial—trial with a jury.
Generally speaking, if the court dismisses the case before trial, that decision may be appealable.
Interlocutory Appeal
Sometimes, you can appeal an issue in an ongoing case. This type of appeal is called an “interlocutory appeal,” and it generally requires you to request the Idaho Supreme Court’s permission.
What Do Appellate Lawyers Do?
Appellate lawyers present cases to appellate courts. Appellate courts have no juries, and judges typically hear cases in a panel. Appellate lawyers submit written briefs laying out the relevant facts and law. Despite the name, briefs can be lengthy.
Depending on the case, one or both parties may seek oral argument. There, each party’s lawyer explains their claims orally, allowing the judges or justices to ask clarifying questions of each side.
How Can Smith + Malek Help?
The Boise appellate lawyers at Smith + Malek, PLLC, can help you identify whether you are procedurally able to appeal a case. We can also file an appeal, create a brief explaining the legal issues, and participate in an oral argument on your behalf. If you need help from a dedicated, experienced Boise appellate lawyer, contact us today.