Appeals

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If you are involved in the appeals process and need reliable advice, look here for articles, answers and resources on topics related to appeals such as when an appeal is possible, what laws govern the process, what the various steps of the appeals process involve, and how to approach your appeals case.

Appeals are possible in both criminal and civil cases, although only a defendant may appeal in a criminal trial while either a plaintiff or defendant can appeal after a civil suit. When an appeal occurs, the person requesting the appeal (the appellant) asks a higher court to take a look at what was done in the original trial and to determine whether the outcome was proper based on court rules and application of the law. Appeals can be either de novo or deferential. A de novo appeal involves the higher court looking at the case with fresh eyes, while a deferential appeal involves the higher court looking only at whether legal or procedural errors were made and not at findings of fact. There is a specific process for appeals that is very different from the initial phase of litigation. To learn more about this process and the rules governing appellate litigation, see the links to answers and articles on this page.