Steps for Filing an Appeal

When a party disagrees with the decision of a lower court, they may wish to file an appeal.  Only certain matters can be appealed to a higher court, and there are certain considerations that should be evaluated when deciding to file an appeal.  However, once a party determines that they can and should file appeal, there are generally several distinct steps for filing an appeal.

Notice of Appeal

One of the first steps for filing an appeal is to file a notice of appeal.  The notice of appeal notifies the court and the parties to the case that an appeal will be taken from a certain order.  Normally, the notice of appeal must attach the specific order that will be appealed, and some jurisdictions may require other information that needs to accompany a notice of appeal.

Notices of appeal must often be filed within a tight timeframe after an event in the litigation involving the appeal occurred.  It is extremely difficult, if not impossible, to have an appeal heard if the notice of appeal is not timely filed.  As a result, it is important for parties and their lawyers to ascertain when they need to file the appeal and make sure that the proper documents including the necessary information is filed by the appropriate deadline.

Compiling the Appellate Record

Another one of the steps to filing an appeal is perfecting appellate rights by filing the documents needed for the appeal to be heard.  One important part of perfecting an appeal is compiling the appellate record, also known as the appendix in certain jurisdictions.  The appellate record is the materials upon which the parties and the court can base their decisions when making arguments and decision on appeal.  Typically, the record includes lower court decisions, papers supporting the lower court motion at issue in the appeal, and other documents that are determined by court rules or law.  Compiling the appellate record is often a difficult task, and parties may open themselves up to motions if they leave any documents out of the record or if too many materials are included in the record.  As a result, litigants often seek administrative help when compiling the record for an appeal.  Due to the complexities involved with compiling the appellate record, it is important to engage experienced counsel who knows how to complete this important step.

Drafting the Appellate Brief

A further one of the important steps for filing an appeal is to draft and file the appellate brief.  The appellate brief includes all of the arguments that will be advanced by a party in the appeal.  When drafting an appellate brief, parties are normally restricted to amplifying arguments that were advanced below, and they cannot make new arguments on appeal.  In addition, parties can usually only refer to documents contained within the appellate record when drafting their appellate brief.

There are often a number of rules and requirements surrounding appellate briefs.  For instance, many courts have space limits, font preferences, and other specific requirements for appellate briefs, and if these rules are not followed, the briefs could be rejected.  As a result, it often pays to engage an experienced appellate lawyer when drafting a brief.  Furthermore, the respondent to an appeal, meaning the party that is on the other side of the party filing an appeal, normally simply needs to file an appeal rather than compile the record.  Moreover, the respondent usually can only file an opposition brief, while the party bringing the appeal is entitled to an opening brief and a reply brief after the opposition brief has been filed.

Oral Arguments

One of the later steps for filing an appeal is oral arguments.  At oral arguments, parties present their positions and the appellate judges ask the parties questions about their briefs in order to discern more information about the positions of all of the parties.  In order to prepare for oral arguments, attorneys for the parties need to review all of the material submitted in the appeal and try to anticipate some of the questions that the judges will ask of them during the proceedings.  A decision will not normally be rendered immediately after oral arguments, and parties usually must wait for months or even longer in order to receive a decision after arguments.  Furthermore, sometimes judges will not hold oral arguments for an appeal and will just rely on the papers when making a determination.

Further Appeal

Another factor to evaluate when considering the steps for filing an appeal is the availability of further appeals.  Many jurisdictions include two levels of appellate review, and after a decision by an intermediate appeals court, parties can sometimes seek redress from a higher court.  The right to appeal to the highest court of a jurisdiction is usually relatively limited.  Although some matters are typically heard by a jurisdiction’s highest court as a matter of right, parties must receive the court’s permission to file a further appeal in the majority of cases.

The Rothman Law Firm is experienced with appeals, and we prepare litigation matters not only to have the best possibility of success at the trial level, but on appeal if necessary.  If you are looking for an experienced New York and New Jersey attorney to handle your appeal or other legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.