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What is the process of appealing a civil law case?

On Behalf of | Nov 8, 2020 | Appeals, Blog, Firm News

Civil case decisions have a close similarity to trial court decisions. For both of them, you can appeal for a review in the appellate court or appeals court if you do not agree with the given conclusion.

Once you appeal the case, the court of appeal reviews it and tries to identify any errors present in the interpretation of the law. Regardless of whether it is a jury or judge that made the decision, once the appeals court finds any mistake, they reverse any made decision.

But what is the process?

First, you need to identify a competent attorney who can file your appeal. They will then submit briefs to the court with your argument, and if the court finds it compelling enough, the lawyer may make some oral arguments. Your brief needs to be solid rock since most cases are won or lost from the brief.

If the court does not find the briefs to be compelling enough, it may render an unpopular decision. You will then have to appeal for a second time, a request which is very limited to the high number of appeals flooding both the federal and state courts.

During an appeal, every party presents their case in front of the court without any witnesses or evidence. A panel of several judges will listen to the facts presented about the case in court and make a decision accordingly.

The number of judges hearing the appeal case may vary depending on the jurisdiction. It may range from three to a dozen. The Supreme Court has a body of five to nine called justices that decide on the appeal cases.

This information is only given to help you understand the process of appealing a civil case, so make sure to seek the proper next steps if you need more details.

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