In many circumstances, the concerned parties of a case may be unhappy with the decision awarded to them by the trial court. Or an individual or party may be dissatisfied by the decisions of civil authority. The appeals court is burdened with the responsibility of reviewing certain decisions by the trial court. No new evidence or testimonials are submitted to the appeals court – it makes its judgement based entirely upon the records of the trial court. However, certain limitations are applied on who may file an appeal and not every case has the right to go for an appeal in a higher court.
Supreme Court Of Appeals
The Supreme Court of Appeals is the highest authority court within each state that has the authority to review an appeal. It is the last authority to file a petition with, in case a party is unsatisfied with the trial court’s ruling. Generally, if a party is disgruntled by the decision of the trial court, they may refer to the state’s appellate court which acts as an intermediary between the trial court and the Supreme Court of Appeals, the last resort for filing an appeal.
Each Supreme Court has between five to nine justices or judges serving on the bench. The Supreme Court of Appeals hears oral arguments and considers written briefs provided by each attorney. This means that unlike the trial court, where the testimonies of witnesses, police officers, the defendant, the plaintiff, and pieces of evidence were presented to the court, the Supreme Court will not be doing a re-hearing or re-trial of the case. It will only make a decision or give an opinion based on the information regarding the proceedings of the trial court and the admission of evidence that is already available regarding the case. There is no jury, and once the Supreme Court of Appeals comes to a conclusion, their decision can only be challenged in the Supreme Court of the United States. Whether the Supreme Court of the United States agrees to entertain the appeal is up to their discretion.
Appellate Jurisdiction
Appellate jurisdiction simply refers to the power and authority that an appellate court has to overrule, change or review the decisions of a trial court or other lower court or decision awarding body. The Appellate court can review the appeal in a number of different ways. How the case is reviewed depends on the case and the decision awarded by the trial court.
Appellate Reviews
When a party goes for an appeal, the appeals court may review it under one of the following grounds:
- Adequacy of Evidence: This simply means that the appellate court will look at the evidence that was used to come to a decision in court and see if it is enough to support that decision. The court will not review the competency or weight of the evidence or the witnesses.
- Abuse of Discretion: Here, the appeals court will look into any decision that shows the trial court judge misusing his or her discretion in the trial. This can include any decision, from the admission of evidence to the right to an attorney to the final decision itself.
- Plain Error: During this review, the appeals court sees if the proceedings of the trial court were plainly and simply erroneous. This is applied in very special circumstances where it is obvious that the court acted in a way that was prejudiced against the appellant. Such an error failed to be noticed by the trial court itself as well as the concerned parties and had a direct impact on the result of the trial. This sort of review is also subject to the amount of evidence available to the court. If sufficient evidence is present regarding the judgement, the court may refuse to hear this review.
- Harmless Error: This is an error made by the trials court but that has no impact on its decisions. The appellate court will stand by the findings of the trial court.
- Trial De Novo: De Novo is a Latin word meaning ‘afresh’ or ‘anew’. This does not mean that the appeals court will admit new evidence and start the trial ‘afresh’ from the beginning. It simply means that the application of the law and its interpretation are evaluated once again by the appeals court. The facts of the case are not assessed and admitted as they are. In this case, the appeals court behaves as if no judgement was awarded by the lower court.
- Clearly Erroneous: The appellant may argue that the court has erred in its fact-finding ie the facts of the matter on which the case stands. Usually, the appeals court will defer on the side of the trial court, stating that the judge and jury present in the trial court are in a better position to judge the demeanour and credibility of the witnesses and the evidence provided. The trial court’s judgement will not be overturned unless they are clearly and obviously wrong.
Who Can Apply For An Appeal?
Not all cases are eligible to file for an appeal. Generally, all criminal cases where the verdict is against the defendant may file for an appeal but the same is not true if the verdict declares the defendant free of guilt ie the prosecution cannot file for an appeal if they lost the case.
For civil cases, either side may apply for an appeal. There is no restriction.
In a bankruptcy case, the party that loses the case for bankruptcy in a trial court may apply for an appeal in a higher court.
Grounds For Appeal in Civil Cases
The grounds for appeal or the right to appeal in civil cases is open for both the concerned parties. Whether the judgment was awarded in favour or against an individual, they can resort to taking it up to the higher court within a given number of days. Usually, this is between 30 to 90 days.
Secondly, many courts consider the total amount of damages the appellant is petitioning for. If the damages are too less, or if their total worth is less than the court charges, the appeals court may deny the right for an appeal.
An appeal may also be filed on the grounds that the trial court failed to interpret the law reasonably and could not provide sufficient legal justification to the case. An appellant may go to higher authorities on the basis that the jury was potentially biased or incompetent to hear the case. They can also point out inconsistencies, for example, an instance of abuse of the judge’s discretionary powers, deliberate delays in hearings or allowing inadmissible or prejudiced evidence in court etc.
In general, civil cases involving divorces, child custody, border, contractual, and property disputes, among others, where one party is unhappy with the results and dissatisfied with the proceedings of the trial court form reasonable grounds for appeal in civil cases. It is always recommended to consult your lawyer and discuss whether it is better to go for an appeal or for an out-of-court settlement.
Appeal Process Steps
Once an appellant or petitioner i.e the person or party willing to file the appeal has ensured that their case is eligible for an appeal in the higher court, they may start the official process of securing a hearing. Both the appellant and the appellee ie the person against whom the appeal is being filed must make their case in a systematic manner in court.
Step 1: File The Notice Of Appeal:
The notice of appeal is filed by the appellant. It should be kept in mind that an appeals court can directly reject hearing your case if you miss the deadline for the appeal. Usually, lawyers and petitioners tend to complete the paperwork for the appeal even before the trial court passes its sentence if they feel they will be on the losing side. In the notice, the appellant outlines the subordinate (ie trial) courts workings in an orderly fashion, complete with the dates of the trial. The notice also contains any estimates of the property or claim in question.
Step 2: Gather The Record For The Appeal
The appeals court will not allow any new evidence or witness testimony to be presented as it reviews your petition. It will only consider all the information which was on record during the trial. Hence, it is important to include all transcripts of the previous court’s proceedings as well as any supporting documents.
Step 3: Write The Brief For The Appeal
This is the best chance an appellant has at proving his petition in the appellate court. A well-researched and carefully documented brief will garner strength for your case. It is of the utmost importance to avoid contempt of court when writing your brief. This document has to outline the errors in the trial court proceedings that led to an unfavourable outcome for the appellant. The brief can also show any inconsistencies with jury selection and the interpretation of the law. If the appeals court feels that your petition is filed purely out of your refusal to accept the verdict, it may uphold the trial court’s findings. The brief is responsible for deciding the merit of the appeal.
Step 4: Oral Arguments For The Brief
Once the brief has been submitted, the court may allow for both the parties to present oral arguments in the case. The appellant may also request for presenting oral arguments. Oral arguments are basically the last step at securing your case. These are arguments that the appellate attorney presents in a very short amount of time, normally only fifteen minutes and which are open to questions by the court. It is a discussion of the points presented in the brief.
If the appellate court decides against the appeal and upholds the decision of the subordinate court, the appellant may take his or her case to the Supreme Court Of Appeals in his state, and if rejected from here, can request an appeal in the Supreme Court of the United States. It is not mandatory that the higher courts grant a chance to review the decisions of the lower courts again.
How To Win An Appeal In Court?
Winning an appeal does not mean that the decision by the trial court will be overturned – it means a re-trial at the subordinate court again. But, how to win an appeal in court and get a second chance at your case?
It all comes down to the credibility and strength of your case, whether or not you followed all procedural steps and of course, having a good appellate attorney. From the start, discuss with your attorney if you should go for an appeal or consider an out-of-court settlement. This will save you both money and time.
If your state has a specific template or form that all notices and briefs must follow, make sure you use them. The court may allow a second brief to be submitted if the first one was not up to the standards, but it can lower your credibility in the eyes of the court and be a source of annoyance for the judges. Your appellate records must be entirely updated and include all the information you want the court to consider when formulating its judgement. Write a well thought out and carefully drafted brief that is logical, clean and easy to understand.
To conclude, not every case can be appealed in a higher court. To win an appeal in a court, ascertain your right to the appeal, all the deadlines that must be met, and the procedures that must be followed to get an appeal hearing. Having an experienced appellate attorney can also increase your chances of securing a win.
