The Appeals Process
One of the most important rights enshrined in the U.S. Constitution is the right to a fair trial. For this reason, the statutory right of appeal is set up to help make sure that you can have as fair a trial as possible. The appeals process, however, is complicated and you need an attorney to file your written arguments with the court of appeals.
Court of Appeals Action
The appeals court, which consists of a panel of at least three judges, does not try your case again; it only reviews the entire trial record, taking into account all the arguments made by the parties concerning the issues of law in dispute. There are three actions that the court does: it may affirm the decision of the lower court, or set aside that decision and enter a new one, or remand the case back to the trial court for further action.
Appealability of the Case
If you are the appellant (or the party bringing the appeal), you must argue and convince the judges that prejudicial error (not merely harmless error) has resulted in the miscarriage of justice. Your attorney must have raised the appropriate and timely objections when the case was initially heard by the trial court. Absent the objection, the court automatically dismisses the appeal. In addition, you must be able to demonstrate a cause of action founded in law for the appeal. Remember that mere dissatisfaction with the result of the trial does not merit an appeal.
The Appellate Briefs
The appellate briefs are the most important part of the appeals process. This is where you write all your legal arguments, and you have to make sure that you follow the rules of the appeals court, which are different from the rules in trial courts. Successful appellate attorneys meticulously prepare these documents to make sure that they are not dismissed by the court.