Understanding the role of an appellant is crucial for anyone navigating the appeals process, whether in civil, criminal, or administrative law. This guide breaks down what it means to be an appellant and how the appeals process works.
What Is an Appellant in a Legal Case?
In legal proceedings, an appellant is the party who files an appeal, seeking to overturn or modify a court’s decision. If someone believes a trial court made an error in their case, they can challenge the ruling by taking it to a higher court. The appellant must present legal arguments explaining why the decision should be reversed, often relying on procedural mistakes, misinterpretation of the law, or constitutional concerns.
What Is Appellate Law?
Appellate law governs the process of challenging a trial court’s decision by seeking review from a higher court. When a party loses a case at the trial level, they have the right to file an appeal, requesting that an appellate court examine whether legal errors affected the outcome. However, an appeal is not a retrial—no new evidence or testimony is introduced.
Instead, the appellate court reviews trial records, legal briefs, and oral arguments (if permitted) to determine whether the lower court’s ruling should be upheld, reversed, or sent back for further proceedings. While some case types automatically qualify for appeal under state or federal law, others require approval from the appellate court.
Attorneys specializing in appellate law, known as appellate lawyers, play a crucial role in this process. They draft persuasive legal briefs that highlight key issues and may present oral arguments to the court. If the appeal succeeds, the original verdict may be overturned, modified, or remanded for a new hearing.
It’s important to note that appellate courts can deny appeals, making them highly selective. However, significant appeal cases can set legal precedents and lead to changes in the law, shaping future court decisions.
Who Are the Appellant and Appellee?
In an appeal, the appellant is the party that challenges a lower court’s decision, seeking a reversal or modification of the verdict. The appellee is the opposing party who won the case at the trial level and argues to uphold the decision.
An appellant can be from either the prosecution or defense in criminal cases and from either party in civil lawsuits. In some courts, the appellant is referred to as the petitioner, while the appellee may be called the respondent
Can You Appeal an Appellate Court Decision?
Yes, a decision from an appellate court can be appealed to a state supreme court or the U.S. Supreme Court in federal cases. However, these higher courts do not hear every case—parties must file a petition for review, and the court has discretion over whether to accept the appeal.
If you win an appeal, certain laws may require the opposing party to cover attorney’s fees and damages related to the appeal. This is common in civil lawsuits unless the court rules otherwise.
What Is a Writ of Certiorari?
A writ of certiorari is a formal request for the U.S. Supreme Court or a higher appellate court to review a lower court’s decision. When a party (appellant or petitioner) seeks to appeal, they must file a petition asking the higher court to grant certiorari, which orders the lower court to submit the full case record for review.
Common reasons for appealing a case include:
- Legal error – Incorrect application or interpretation of the law.
- Misstatements or omissions – Errors in evidence or procedural handling.
- Jury misconduct – Bias, tampering, or failure to follow legal procedures.
- Ineffective counsel – Inadequate legal representation affecting the outcome.
However, higher courts grant only a small percentage of appeals. In the U.S. Supreme Court, at least four out of nine Justices must vote to accept a case for review.
How to Appeal an Appellate Court Decision?
Appealing an appellate court’s decision requires strict adherence to procedural rules, including filing deadlines and document formatting. An appellate attorney can guide appellants through the process, ensuring compliance with legal requirements.
Each state has specific rules regarding the length and content of appeal briefs. For example, in Florida, appellate briefs are limited to 150 pages. Some jurisdictions also impose word count limits rather than page limits. These same guidelines apply to both appellants and appellees.
Steps to Appeal an Appellate Court Decision:
- File a Notice of Appeal – The appellant must submit a formal notice to the appellate court, initiating the appeal process.
- Submit the Appellant’s Brief – This legal document outlines errors in the lower court’s ruling and argues why the decision should be overturned.
- Appellee’s Response Brief – The appellee files a written argument defending the original ruling.
- Appellant’s Reply Brief (Optional) – The appellant may submit a second brief to counter the appellee’s arguments.
Depending on the court, the appeal may be decided solely based on written briefs or may include oral arguments where attorneys present their case before the judges. If granted, an appeal can result in the verdict being upheld, overturned, or sent back to the lower court for further proceedings.
What Do Appellate Judges Look For When Reviewing a Case?
When an appeal is filed, it’s important to understand that appellate courts do not conduct a retrial. Instead, appellate judges review the case based on the trial record, examining whether legal errors or constitutional violations occurred. Their review focuses on the following key factors:
- Legal Error – Judges assess whether the trial court correctly applied the law and followed proper legal procedures.
- Abuse of Judicial Discretion – If the trial judge misused their discretion, such as excluding key evidence or issuing unfair rulings, the appellate court may intervene.
- Ineffective Assistance of Counsel – In criminal cases, if the appellant can prove their attorney’s performance was unreasonably poor and affected the case outcome, it may justify an appeal.
- Violation of Constitutional Rights – Any infringement of the appellant’s rights, such as due process violations or unlawful rulings, can serve as grounds for reversal.
Appellate judges base their decisions on written briefs, trial transcripts, and sometimes oral arguments. If significant errors are found, they may overturn the ruling, modify the verdict, or remand the case for further proceedings.
How Does Appellate Jurisdiction Differ from Original Jurisdiction?
Appellate jurisdiction refers to a court’s authority to review and potentially modify decisions made by lower courts. Courts with appellate jurisdiction do not conduct new trials but instead examine trial records, legal arguments, and procedural issues to determine if legal errors occurred.
In contrast, original jurisdiction is the authority of a court to hear a case first, before any appellate review. According to the U.S. Constitution, original jurisdiction is limited to specific cases, including disputes between states and conflicts involving ambassadors or high-ranking officials. These cases typically go directly to the U.S. Supreme Court without first being heard in lower courts.
Can a Misdemeanor Appeal Go to an Appellate Court?
Yes, a misdemeanor appeal can be taken to an appellate court. When a defendant is convicted of a misdemeanor and believes a legal error affected the outcome, they have the right to appeal the verdict or sentence.
For example, in California, defendants can use Form CR-131-INFO, available at courthouses, county law libraries, or online at https://courts.ca.gov/rules-forms/find-your-court-forms. This form provides guidance on the misdemeanor appeals process, including deadlines and required documents.
Each state has its own procedures for misdemeanor appeals, so it’s essential to check the local appellate rules and filing requirements.
What Are the Costs Associated With Filing an Appeal in Appellate Courts?
Filing an appeal in an appellate court can be costly and time-consuming, as it involves multiple legal and procedural expenses. Some of the key cost factors include:
- Appellate attorney fees – Appellate lawyers often charge higher rates due to the specialized nature of appeals.
- Court filing fees – Costs vary by jurisdiction but typically range from a few hundred to several thousand dollars.
- Transcription costs – Trial transcripts can be expensive, often costing $2,000 or more per full day of hearings.
- Attorney travel expenses – If oral arguments are required, travel and lodging expenses can add to the overall cost.
For example, an appellate hearing can cost more than $5,000 on the low end, especially if multiple attorneys are needed for representation. The total cost of an appeal depends on the complexity of the case, jurisdiction, and required legal resources.
How Much Does an Appellate Attorney Cost?
The cost of hiring an appellate attorney depends on factors such as case complexity, jurisdiction, and the attorney’s experience. Most appellate attorneys charge between $400 and $600 per billable hour, though rates can be higher for specialized or high-profile cases.
Since appeals require extensive legal research, brief writing, and potential oral arguments, the total cost can increase significantly for complex cases. Some attorneys may also offer flat fees for specific appellate services, but this varies based on the agreement between the client and the attorney.
