Going to court is rarely a preferred choice, as unfavorable outcomes are always possible. However, a trial court loss does not necessarily mark the end of the line. You may have the option to appeal to a higher court. If you received an unfavorable court decision, consulting with an appellate attorney can help you understand your options, determine if and how you can appeal, and guide you through the process.
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 the state’s judicial districts. After the trial court makes certain decisions, the parties have the opportunity to appeal.
State appellate courts consist of the state Court of Appeals and the state Supreme Court. You can appeal to the state Supreme Court from the Court of Appeals. The state Supreme Court has the final say on issues involving state law and the state Constitution.
Federal Court Appeals
There is at least one federal district court in each state. Rulings from this district court can be appealed to the United States Circuit Court of Appeals.
The Circuit Court typically includes multiple judges who usually sit in three-judge panels, but you can request for the entire court to hear the case, called sitting “en banc.” Unfavorable Circuit Court rulings can be appealed to the U.S. Supreme Court, the final level of appeal.
In some cases, you can appeal from the state Supreme Court to the U.S. Supreme Court if the case involves federal issues, such as federal law or questions about the U.S. Constitution.
Types of Appealable Cases
Most cases, including civil actions and various types of administrative proceedings from state or federal agencies, can be appealed. Typically, you need to provide specific reasons for your appeal, often including 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: Granted if the facts and law could only conceivably favor one party.
- Motion for summary judgment: Granted if the law and evidence could only favor one party based on limited evidence.
- Bench trial: Trial without a jury before a judge.
- Jury trial: Trial with a jury.
If the court dismisses the case before trial, that decision may be appealable.
Interlocutory Appeal
In some instances, you can appeal an issue in an ongoing case. This type of appeal is called an “interlocutory appeal,” and it generally requires the state Supreme Court’s permission.
Role of Appellate Lawyers
Appellate lawyers present cases to appellate courts, which have no juries. Judges typically hear cases in a panel. Appellate lawyers submit written briefs outlining the relevant facts and law. Despite the name, briefs can be lengthy.
Depending on the case, one or both parties may seek oral argument, where each party’s lawyer explains their claims orally, allowing the judges or justices to ask clarifying questions of each side.
How Smith + Malek Can Help
Smith + Malek 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 appellate lawyer, contact us today.
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