subject: Basic Questions Regarding the Appellate Process [print this page] Basic Questions Regarding the Appellate Process
When the decision of a court does not suit you, what can you do? If you think that a legal error, which has a substantial impact on the case, was existent, you need to get an appellate attorney's advice. Only capable and timely legal assistance may make it possible to file an appeal and get a modification/reversal of the court's decision.
If you are in such a situation, you are sure to confront certain questions. Here are the answers to the frequently asked questions in this regard.
Who files an appeal? It depends on the category of the case. If it is a civil case, either of the parties involved may file an appeal. In a criminal case, however, the defendant may file an appeal if the verdict declares guilt.
Where do you file? You may file at the federal court of appeals if it is a decision by the trial court or an administrative agency.
Who hears the appeal? In most cases, a panel of three judges decides such a case. A bankruptcy appellate panel, consisting of three bankruptcy judges, decides on appellate cases in this legal domain.
What are the steps in the process? The first step is filing an appeal within the stipulated time. Any failure to do this and you risk losing this right altogether. This is the reason you need to find an appellate attorney immediately. He/she can handle the filing within time, as well as the subsequent tasks.
Identifying the legal error is the first task. Next, your attorney submits a brief at the court, presenting the legal issues that make the trial court's decision erroneous. The opposing party also submits a brief stating the reasons the trial court's decision is just.
Usually, the trial court's case records and the briefs are the only things the appeals court regards. No new evidence or witness testimonials are acceptable at this stage. However, the court of appeals may provide the attorneys to present an oral argument and answer questions regarding the matter.
When does the US Supreme Court review the case? In case you lose at the federal court of appeals or the highest court in your state, you may ask the US Supreme Court for a review. For this, your attorney needs to file a petition for writ of certiorari'.
It is the sole decision of the Court whether to review your case or not. However, the chances of this review increase when the legal issue in question is of significant importance or different courts have different interpretations of the same legal statutes.
