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.