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More on Appeals

The Appeal Process

The first step in appealing a court’s decision is to file a notice of appeal. Once filed, the appellant must prepare a brief, which includes the appellant’s legal arguments and facts of the case.

The appellee, or respondent, is then due to file a response to the brief. Once filed, the appellant may file a second brief in answer to the appellee’s brief.

Depending on the case, a court may hear oral arguments from both sides of the matter and ask questions to the appellate attorneys.

Typically, a higher court will only reverse a lower court’s decision when proof of reversible errors in law are presented. It is therefore necessary to retain an attorney with a comprehensive understanding of the laws surrounding an appellant’s case.

Should an appeal be successful, the higher court may rule that a new trial be held, that the trial court’s judgment be modified, or that the trial court reconsider the case in light of the appellate court’s decision.