appeals
The right to appeal is not an automatic one for the losing party; there must be a legal basis for an appeal. Furthermore, an appeal is not a retrial of the case. The appellate courts do not usually consider new evidence. Appeals are based on arguments that there were errors in the trial’s procedure or errors in the judge’s interpretation of the law.
The appeal begins when a party files a timely notice of appeal. The appellant must file a brief which contains a written argument containing the appellant’s view of the facts and the legal arguments upon which it relies to seek a reversal of the trial court decision. The appellee then files a brief in response and the appellant may then file a rebuttal brief.
The appellate court determines whether the trial court erred in applying the law. However, not every error of law mandates a reversal of the trial court’s decision. Harmless errors that did not prejudice the rights of a party will likely not result in a reversal of a trial court’s decision. If the appeals court affirms the trial court’s ruling, the case ends unless the losing party appeals to an even higher court. If the ruling is reversed, the appellate court sends the case back to the trial court with an order to take further action.
The appeal begins when a party files a timely notice of appeal. The appellant must file a brief which contains a written argument containing the appellant’s view of the facts and the legal arguments upon which it relies to seek a reversal of the trial court decision. The appellee then files a brief in response and the appellant may then file a rebuttal brief.
The appellate court determines whether the trial court erred in applying the law. However, not every error of law mandates a reversal of the trial court’s decision. Harmless errors that did not prejudice the rights of a party will likely not result in a reversal of a trial court’s decision. If the appeals court affirms the trial court’s ruling, the case ends unless the losing party appeals to an even higher court. If the ruling is reversed, the appellate court sends the case back to the trial court with an order to take further action.