Chenoweth Law Group

Points to consider about the federal appeal process

In past blog posts, we have discussed a variety of federal appeal cases. These cases have had a variety of topics, but in each case, the appellant was seeking a different outcome of a case than what was handed down by the previous court. It is important for anyone who needs to file an appeal to the federal court of appeals to understand a bit about the process.

In civil cases, either party can appeal the verdict of case. This varies from criminal cases because in a criminal case only the defendant can file an appeal. When a person files an appeal, he or she must show that there was a legal error made by an administrative agency or trial court that impacted the outcome of the case.

When you file an appeal, the appellate court only uses evidence that was presented in the original case. No additional witnesses or evidence are used in the appeal case. The original case record is reviewed by three judges who read the brief, or written legal argument presented by the person filing the appeal.

The other party, or appellee, can submit a short statement describing why the original verdict was correct. The appeal court might ask for oral arguments in a case. If this occurs, each side is given a short period of time to address the court.

Generally, the decision by the appeal court is the final word on the matter. In some cases, however, the appellate court opts to remand the case back to the trial court. It is also possible for the parties in an appeals case to seek a review from the United States Supreme Court.

A comprehensive understanding of the laws pertaining to the case is vital if a person plans on filing a federal appeal. In some cases, knowing the laws can make filing the appeal easier.

Source: United States Courts, "The Appeals Process," accessed April. 09, 2015

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