Anyone who follows the news has seen this sequence of events over and over again:
A famous person (or a company) gets sued; the case gets tried; the result makes one side unhappy; the unhappy party files an appeal; the appellate court issues a decision that either upholds the trial outcome or reverses it. The process takes months or even years.
Fans of TV legal dramas see this same process play out, often over the course of one or two episodes, with the battling lawyers appearing before a panel of appeals court judges seemingly days after the trial is concluded.
So how does this process work in real life for real people, and can an appeal repair an unfavorable outcome?
Answering this question requires a basic understanding of the appeal process and, importantly, its limitations.
What is an appeal?
When a trial is concluded, either side can ask the Court of Appeals to evaluate the trial judge’s or jury’s decision to see whether the judge made certain kinds of errors that could reverse the judgment.
What kinds of errors?
The Court of Appeals can reverse the judgment if it determines the outcome of the trial was not supported by the evidence presented at trial or if the judge made a legal error, such as misinterpreting or misapplying the law.
What if my lawyer made strategic mistakes?
The appellate judges can ONLY consider the evidence that was presented at trial. An appeal is NOT a second bite of the apple. If you are unhappy with how your case was tried, an appeal will not give you a do-over.
How good are my chances of winning on appeal?
Most appealed cases are “affirmed” by the Court of Appeals, which is to say that more appeals are lost than won. The Court of Appeals judges start with the assumption that the trial judge did their job correctly. Even if the appellate judges believe a different outcome might have been warranted, if the evidence was sufficient to support the judgment, that judgment will be affirmed.
How can I tell if my case is worth appealing?
You need to speak with a lawyer who has experience in handling appeals. Some of the most seasoned and successful trial lawyers have never handled appeals. The appellate process is very different from the trial process, and it operates under a unique and very technical set of rules and requirements.
How long does the appeal process take?
An appeal will usually take anywhere from a few months to a year, sometimes even more.
If you are considering an appeal it is critical to act immediately after the judgment is entered. There are time deadlines for filing “post-trial motions” (requests to the trial judge to make changes to the judgment) and for filing appeals. These deadlines must be followed, or you may lose the chance to appeal.
Paule, Camazine & Blumenthal have experienced appellate attorneys who can help you determine whether an appeal makes sense for you.
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