Appellate Law: When to Appeal Your Case

If you disagree with a court decision, appellate law provides a path to challenge that ruling. ## Understanding the Appellate Process Appeals review whether the trial court properly applied the law, not whether the judge believed the evidence. Appellate courts don't retry cases but focus on legal errors. ## Grounds for Appeal Valid appeal grounds include: - Improper jury instructions - Admission of inadmissible evidence - Ineffective assistance of counsel - Procedural errors - Constitutional violations - Misapplication of law ## Appeal Timeline Appeals must typically be filed within specific timeframes: - Notice of appeal: Usually 30 days after judgment - Appellate brief: Usually 40 days after case assigned to court - Oral arguments: Typically scheduled months later ## Appellate Brief The written brief is critical. It must concisely identify legal errors and explain why they require reversal. ## Oral Arguments Attorneys present their arguments to a panel of judges. Judges ask questions testing the strength of legal positions. ## Outcomes Appellate courts may: - Affirm the lower court decision - Reverse and remand for new trial - Reverse and decide the case themselves - Reverse in part, affirm in part ## Success Rate Appeals are challenging. Only a small percentage succeed. Experienced appellate attorneys understand what courts look for.