Appellate Law

Appellate law refers to laws governing appeals made in court. Typically, all cases are tried in a trial court. The outcome of a case is usually a judgment or a dismissal. If one of the parties involved is not satisfied with the outcome of the case in a trial court, they have the option to appeal it.

While appellate rules may vary on a state-to-state basis, most states share common procedures. Appellate laws serve as guides in reference to how judgments may be appealed, what determines a judgment reversal, how appeals should be presented before the court, etc.

Filing a notice of appeal in a trial court is the first step in appealing a court decision, after which an appellate record is designated. This record would provide information from the trial court, which the appellant (the appealing party) wishes to share with the appellate court. Appellate courts then review the information presented, referred to as briefs, to see whether the trial court followed proper procedure in accordance to the law during litigation. In response to the appellant, the non-appealing party, called an appellee, is allowed to file a brief, in favor of the trial courts decision. After the briefs have been filed and reviewed, the appellate court may hear an oral argument as well. Ultimately, an appellate court has the final say in deciding a case, but will only reverse a judgment if it finds a trial court made legal errors. This is referred to as a 'final judgment.' An appellate panel decides appeals, with their judgments given in writing, detailing why and how they came to their decision.

A party that is dissatisfied with the decision of an appeal may petition a higher appellate court (state supreme court) to review their case. However, state supreme courts are not obligated to take up the case.

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