Appeals
Contrary to popular belief, the right of appeal is not granted by the U.S. Constitution. It is only through the passage of a law that you now have the right to appeal your case to a higher court. This explains why you cannot automatically file an appeal, and you need to obtain an allowance of the appeal.
Before your appeal will be allowed by the appellate court, you must show that you were able to raise in the trial court the same objection or legal argument that is to be the basis for appeal. This rule is provided to discourage attorneys from remaining silent about some errors of the trial court without giving it an opportunity to correct its own mistakes. Hence, lawyers must make sure to raise objections during trial, to preserve the right of appeal in the event you lose the case at the trial court level.
The appellate court performs two basic functions: correction of error and development of case law. As an appellant, you have to make sure that you bear these functions in mind when you prepare your brief. Because the appellate court reviews the trial court’s rulings on questions of law (as opposed to questions of facts which are determined with finality by the trial court), and generally considers only the record of the case and the written legal arguments, it is highly recommended that you engage an attorney to prepare the appellate brief.
The appellate brief is the most critical of the appeals process because it is in this document where you present your grounds for appealing the decision of the lower court. The rules as to the specific form and organization are also strict. If you wish that your appeal will be given merit by the state or federal appellate courts, simplicity in substance and style of the briefs is a must.