The basic framework of appeals, however, is generally the same in both state and federal court. In preparing for an appeal, each party must submit a written brief to the court. Appellate briefs frame the issues the court should consider, and make legal arguments to persuade the court to rule in their favor.
In certain courts, the parties will also engage in oral argument. Oral argument gives the court an opportunity to ask questions to counsel and to clarify issues presented in the party's briefs. No witness testimony is heard during an appeal and no new evidence is admitted, except under extremely limited circumstances. Thus, in order to understand the lower court's decision, the appeals court examines the record of the lower court's proceedings.
The record includes all pleadings, pre-trial and post-trial motions, exhibits, and a word-for-word transcript of what occurred during trial. Typically, a court will review the lower court's record for legal errors. The standard of review used by the appellate court depends on whether the lower court's decision was made by a jury or a judge.
An appeal of a jury verdict will be granted only if the appellate court makes a finding of "reversible error. An appeal of a bench trial a trial in which a judge, not a jury decides the case is reviewed for an "abuse of discretion. A judge generally abuses his discretion if he acts unreasonably.
If the lower court's case was resolved by a pre-trial motion to dismiss or a motion for summary judgment, the appeals court will review the record de novo. For legal help, you can go to our Finding a Lawyer page, although you may have to call many places to find one that does appeals. There is also an organization called DV LEAP, which takes civil appeal cases involving domestic violence or child abuse. This generally includes restraining orders, custody, divorce, or other civil cases.
For other appeals organizations, please see our National Organizations - Appeals page. States may each have their own standards for when a stay will be granted but, generally, it is difficult to obtain a stay.
For example, in Washington, D. In many states, you must file this Motion to Stay first with the trial court and, if it is denied, then you would re-file it in the appellate court. All rights reserved. Department of Justice. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided.
Skip to main content. You are here Home » Legal Information. File an Appeal Basic information and definitions What is an appeal? There's very little truth to this.
Most judges will give you a fair hearing on appeal if you are well prepared and able to present a convincing case. Therefore, if you believe you were victimized by a bad decision in small claims court and your case involves enough money to make a further investment of time and energy worthwhile, go ahead and appeal if your state's rules allow it.
Determining whether you are eligible to appeal is important, but it is only part of the information you need. It is just as important to determine what kind of appeal is permitted in your state.
Some states allow an appeal only on questions of law, while others allow the whole case to be replayed from scratch. Let's pause for a moment and look at some of the differences.
In several states, either party can appeal and have the case heard over from scratch. In other states, only the defendant can appeal in most cases , but if the defendant does file an appeal, the whole case is presented again by both sides as if the first hearing hadn't occurred.
When a whole new hearing is allowed on appeal it's called a trial de novo , you simply argue the case over, presenting all necessary witnesses, documents, and testimony.
Starting from scratch is required because records often aren't kept at small claims court hearings. However, in some courts, judges record hearings, and these recordings are available to the judge who considers the appeal as part of the reargument of the case. In many states, appeals can be based only on questions of law, not on the facts of the case. What's the difference between law and facts? It's best illustrated with a couple of examples.
Example 1: You sue your mechanic in small claims court, claiming that he botched a repair job on your car. After listening to both sides, the judge rules for the mechanic, concluding that the repairs were made properly and something else was wrong with your car. You disagree, contending that the repairperson really did mess up the job.
You are not eligible to appeal, because this is a factual dispute. Example 2: You are a tenant suing for the return of a cleaning deposit withheld by the landlord. Because this appeal claims a mistake was made in applying the law, it is proper and will be considered.
In most states, appeals made on the basis of a mistake of law must be supported by a written outline of what the claimed mistakes are. This can put nonlawyers at a disadvantage, because they are unfamiliar with legal research and legal writing techniques. Start by contacting the court clerk and requesting all forms and rules governing appeals.
Although it's important to take these seriously and do your best to comply, the good news is that most appellate judges will consider any well-reasoned written statement you submit claiming the small claims judge made a legal error. In my personal injury case, the court incorrectly applied the statute of limitations, because it did not take into consideration the fact that I was a minor when the accident occurred.
My case is based on a personal injury I suffered on January 23, , when I was 17 years and two months old. The small claims judge dismissed my case because it was not filed within one year after my injury, as is required by the statute of limitations.
This was an incorrect application of the law. It's true that under the terms of Code of Civil Procedure, Section , a personal injury case must normally be filed within one year of the date of the injury, which in my case occurred on January 23, However, Sec.
Because I was still a minor until November 23, when I turned 18 , under the terms of Code of Civil Procedure, Section , it was from this date not from January 23, that the court should have begun counting the one-year statute of limitations for personal injury actions. Therefore, I was entitled to file my case until November 22, In fact, because I filed on June 27, , I was well within the allowed time. Contact Us. Translate this page:. After The Trial - What Happens? Print E-mail. This page tells you about: How to appeal your judgment How to collect your judgment Get your court files Get a copy of a court transcript Look up the law How to appeal your judgment: Sometimes, you can appeal your judgment.
You can only appeal a final judgment, or an order. You might have to do some research to find out if you can appeal your judgment.
Ask a lawyer for help. The appellate court will only look at the mistakes the court made.
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