Navigating the appellate process can feel like entering a labyrinth blindfolded. The familiar landmarks of the trial court – witness testimony, evidentiary battles, and jury persuasion – fade into the distance, replaced by a complex world of legal briefs, procedural rules, and judicial panels. Let’s take a look at what to expect during the appellate process.
Appeals Are Not Retrials
It’s crucial to understand that an appeal is not a retrial. No new evidence is presented, and the arguments made before a trial court are not rehashed. Instead, appellate courts focus on reviewing the record of the trial proceedings to determine whether legal errors were made that affected the outcome of the case. Think of it as a legal “quality control” check, where judges scrutinize the trial court’s decisions for mistakes in the application of law or procedure. This means arguments on appeal will center on legal principles, interpretations of statutes and case law, and whether the trial court properly applied those legal standards to the facts of the case at hand. Attorney Tor Hoerman offers this summary of what to expect when appealing a civil case:
In civil litigation, appeals refer to the process by which a party dissatisfied with a lower court’s decision seeks to have that decision reviewed by a higher court. Appeals allow parties to challenge legal errors and procedural mistakes made by the lower court. Appeals play a critical role in upholding the integrity of the legal system and providing parties with an opportunity to seek redress if they believe the lower court’s decision was incorrect. The appellate court reviews the lower court’s decision and determines whether the lower court made any errors that warrant a reversal, modification, or affirmation of the lower court’s decision. Both parties typically submit legal briefs outlining their arguments during the appeal process. Their respective attorneys may present oral arguments before the appellate judges. The appellate court then issues a written opinion explaining its decision, which may affirm, reverse, or modify the lower court’s decision.
Once it is determined that there are legitimate grounds for appeal, the process begins with notifying the court and opposing party of the intent to appeal. Strict timelines, which vary depending on the jurisdiction and case type, must be followed when pursuing an appeal. Following notification, the stages of the appeals process are:
- Preparation of the Record on Appeal
- Appellate Briefs
- Oral Arguments
- Appellate Court Decision
Each state has rules for the appellate procedure, as does the U.S. Courts of Appeal.
Typically, the decisions made by an appellate court fall into these categories:
- Affirm: The appeals court can uphold the trial court’s decision, essentially saying “Yep, they got it right.” This means both the outcome of the case and the legal reasoning behind it are considered sound.
- Reverse: If the appeals court finds significant legal errors that impacted the case’s result, they can overturn the trial court’s decision. This could mean a win for the appellant (the party who appealed).
- Modify: Sometimes, the appeals court agrees with the overall decision but needs to tweak some aspects. They might adjust a judgment amount or change a specific order.
- Remand: In cases with unresolved factual issues or new evidence that needs to be considered, the appeals court can send the case back to the trial court for further proceedings. Think of it like hitting the “redo” button on a specific part of the case.
Good To Know: Appeal Bond?
It’s very common for courts to require a type of bond, known as an appeal bond. Sometimes referred to as a supersedeas bond, an appeal bond acts as a financial guarantee while the appellate court reviews the case. Essentially, an appeal bond assures the court and the opposing party, referred to as the respondent (aka appellee) that the petitioner (aka appellant) will comply with the final judgment, even if it is not in their favor. Since appeals delay the payment awarded by the trial court, an appeals bond guarantees the availability of funds to to satisfy the judgment, along with any accrued interest and court costs.
When a supersedeas or appeal bond is ordered, it’s important to apply for and secure the bond quickly, via a reputable surety company that can meet the case specific “obligee requirements” issued by the court. The bond amount is set by the court, based on the total original judgment, though interest and legal fees may also be factored into the bond amount. As a leading, direct and national court bond writer, Colonial Surety Company makes it easy and speedy for attorneys in every state to help clients secure supersedeas, appeals and other court bonds. We meet specific court requirements, provide simple online applications, and make instant bond downloads available for filing in court.
Quote and Obtain Supersedeas and Appeal Bonds with a few clicks, here now: Colonial Surety Company.
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