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Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Appellate matters are an essential part of the legal process, with far-reaching implications for those navigating the law. Whether you’re a lawyer, a student of law, or simply someone in need of legal advice or services, understanding why appellate is so important and how it alters our legal system is crucial. Appellate matters involve appeals to higher courts concerning decisions made in lower ones. If errors have been made or evidence was overlooked during the initial court hearing, higher courts can reverse rulings and remand cases for further proceedings.

Appellate matters are significant because they offer those seeking justice a second chance; allowing them to be heard by another court and potentially overturn an incorrect decision. In addition, these processes allow for the development and refinement of existing laws as higher courts can interpret them differently than lower ones. Appellate also provide an important check on our legal system; ensuring that laws are upheld consistently and fairly across all jurisdictions while maintaining public trust in it.

The ºÚÁÏÊÓƵ team provides free appellate templates so that users can draft high quality documents without paying lawyers’ fees – putting much needed power back into the hands of individuals seeking justice. Our step-by-step guidance along with access to our template library will help make your journey through appellate simple and easy - no account required! Read on below for more information on how ºÚÁÏÊÓƵ can help you today.

Definitions

Appellant: The party appealing the decision of the lower court.
Appellee: The party opposing the appeal.
En banc review: A request from either party for a review from the court of appeals.
Certiorari: A petition submitted to the Supreme Court.
Rehearing: A motion for rehearing from the appellate court.

Contents

1. Overview of the Appellate Process
2. Function and Purpose
3. Benefits and Limitations
4. Understanding the Appellate Court System
5. Structure and Jurisdiction
6. Types of Appellate Courts
7. Party Rights in the Appellate Process
8. Evaluating an Appealable Case
9. Identifying the Legal Issues
10. Assessing the Strength of the Appeal
11. Drafting an Appellate Brief
12. Preparing the Argument
13. Writing the Narrative
14. Researching Resources
15. Finalizing the Brief
16. Making Oral Arguments in the Appellate Court
17. Preparing the Argument
18. Rehearsing the Presentation
19. Interacting with the Court
20. Appealing the Appellate Court’s Decision
21. Understanding the Options
22. Filing a Petition
23. Requesting a Rehearing
24. Mission, Vision, and Values in the Appellate Process
25. Constructing a Framework
26. Understanding the Goals
27. Aligning Strategies
28. Common Appellate Strategies
29. Researching Precedent
30. Utilizing Technology
31. Building a Legal Team
32. Tips for Navigating the Appellate Process
33. Knowing Your Resources
34. Understanding the Time Frame
35. Developing a Plan
36. Conclusion
37. Summarizing the Process
38. Exploring Further Resources

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Overview of the Appellate Process

• Understand the functions and purpose of the appellate process
• Learn the differences between the federal and state court systems
• Familiarize yourself with the various types of appellate courts
• Identify the players in the appellate process
• Learn the stages of an appellate case

Once you have an understanding of the overview of the appellate process, you can check this off your list and move on to the next step.

Function and Purpose

• Understand the basic function and purpose of the appellate process
• Learn how the appellate process allows individuals to challenge lower court decisions
• Appreciate how the appellate process provides a check and balance within the judicial system
• Determine when an appeal is appropriate and when it is not
• Gain an understanding of the general rules governing appeals

When you can check this off your list:
Once you have a basic understanding of the function and purpose of the appellate process, you can check this off your list and move on to the next step.

Benefits and Limitations

• Understand the primary benefit of the appellate process, which is to correct errors of law that may have occurred in the lower court
• Know the limitations of appellate review, such as the narrow scope of issues that can be reviewed and the fact that appellate courts are bound by the decisions of higher courts
• Be aware that the scope of appellate review is limited to a review of the record of the lower court proceedings and the legal issues raised in the appeal
• Understand that intermediate appellate courts are bound by the decisions of the state’s highest court
• Know that appeals are primarily based on written arguments and motions filed by the parties, rather than courtroom arguments
• Understand that appeals are generally heard by a panel of three or more judges, and not a jury
• Be aware that most appellate courts issue written opinions explaining their decisions
• Understand that appeals are usually decided without oral argument, so the parties do not get an opportunity to present their arguments to the court in person
• Know that parties may be able to request an oral argument in limited circumstances
• Be aware that appellate decisions are usually final and will not be reconsidered, unless the court decides to rehear the case or the parties can show that new evidence or issues were not presented in the original proceedings

Understanding the Appellate Court System

• Become familiar with the different types of appellate courts and their respective roles
• Understand the process of appeals, including the timelines, filing fees, and other requirements
• Research the court’s jurisdiction to determine if you have the legal right to appeal your case
• Understand the differences between appellate courts and trial courts
• Learn about the standard of review and why it matters
• Research the court’s rules and regulations
• Become familiar with the different types of oral arguments and written briefs

Once you have completed the above steps, you will have a good understanding of the appellate court system and you can move on to the next step.

Structure and Jurisdiction

• Understand the structure of the appellate court system, including the Supreme Court and the circuit courts of appeals
• Be able to differentiate between the types of jurisdiction exercised by the different levels of appellate courts
• Be able to recognize the jurisdiction of the Supreme Court
• Be able to recognize the jurisdiction of the circuit courts of appeals

Once you have a good understanding of the structure and jurisdiction of the appellate court system, you can move on to the next step.

Types of Appellate Courts

• Identify the types of appellate courts in your jurisdiction
• Understand the differences between state and federal appellate courts
• Learn the different types of appeals available, such as direct appeal, writs, and certiorari
• Familiarize yourself with the differences between the various appellate courts

Once you have identified the types of appellate courts in your jurisdiction, understand the differences between state and federal appellate courts, learned the different types of appeals available, and familiarized yourself with the differences between the various appellate courts, you can check this step off your list and move on to the next step.

Party Rights in the Appellate Process

• Understand the rights of the appellant and the appellee in the appellate process.
• Understand the right to file a response to an appeal by the appellee.
• Determine the right of the appellant to present oral arguments.
• Understand the right to reply to the appellee’s response and the right to present oral argument in the reply.
• Understand the right to call witnesses and present evidence in the appellate process.
• Understand the right to file a motion in the appellate court.

When you can check this off your list: When you are confident that you understand the rights of the appellant and the appellee in the appellate process.

Evaluating an Appealable Case

-Analyze the facts and procedural history of the case
-Examine the trial court record and determine the issues presented to the trial court
-Determine whether the lower court’s ruling was legally correct or legally flawed
-Identify any legal errors or misapplications of the law
-Identify any errors in the trial court’s application of the facts
-Determine whether the trial court’s ruling was reasonably supported by the evidence
-Determine whether the trial court’s ruling was clearly erroneous

You can check this off your list and move on when you have analyzed the facts and procedural history of the case, examined the trial court record and determined the issues presented to the trial court, identified any legal errors or misapplications of the law, identified any errors in the trial court’s application of the facts, determined whether the trial court’s ruling was reasonably supported by the evidence, and determined whether the trial court’s ruling was clearly erroneous.

Identifying the Legal Issues

• Read the lower court opinion and identify the legal issues and arguments presented in the case
• Identify the legal principles and standards that the court used to analyze the case
• Research and analyze relevant case law to determine how similar cases have been handled by different courts
• Summarize the legal issues and arguments in the case
• You can check this off your list when you have a clear understanding of the legal issues and arguments presented in the case.

Assessing the Strength of the Appeal

• Analyze the trial court’s ruling to determine if there are any errors in the conclusions of law, findings of fact, or application of the law.
• Research the applicable law and legal precedent to determine if the trial court’s ruling was correct.
• Identify any legal errors that could be challenged on appeal.
• Research the applicable standard of review and determine whether the errors identified can be overturned on appeal.
• Document any legal errors or other facts that could be used to support your position on appeal.
• When you have identified the legal errors and determined their possible effect on the outcome of the appeal, you can check this off your list and move on to the next step.

Drafting an Appellate Brief

• Gather all the relevant documents and create a timeline of events
• Research the applicable laws and statutes relevant to the case
• Draft the brief with the argument, citations, and other evidence
• Edit and format the brief according to the court’s requirements
• Proofread and make sure the brief is free of errors
• Submit the brief to the court

You will know when you can check this step off your list and move on to the next step when the brief has been submitted to the court.

Preparing the Argument

• Research the applicable law and legal principles relevant to the case
• Analyze the facts and law to determine the applicable legal standard of review
• Identify the applicable legal standard and the standard of review
• Determine the legal issues to be addressed and the applicable facts
• Analyze the facts and law to create a logical argument for the outcome desired
• When you have identified the legal issues, the applicable legal standard, and the applicable facts, you are ready to move on to the next step of writing the narrative.

Writing the Narrative

• Draft a succinct and persuasive narrative of the facts and the law that led to the lower court’s decision
• Consult legal authorities for support for your position
• Revise the narrative, if needed, to ensure the most effective argument
• When you have a finished narrative that clearly states your argument, you can move on to the next step.

Researching Resources

• Research the relevant case law and statutes
• Look into the rules of the court you are filing in
• Consult with a lawyer on any gray areas that you may encounter
• Check for any relevant practice guides
• When you have gathered enough information to begin writing the brief, you can check this step off your list and move on to the next step.

Finalizing the Brief

• Ensure that all relevant facts and legal arguments are included in the brief
• Make sure citations are accurate and complete
• Check that all formatting requirements of the court are met
• Verify that the font and font size meet the court’s requirements
• Ensure that the brief is under the page limit prescribed by the court
• Conduct a final proofread to catch any minor errors
• Once the brief is complete and all requirements are met, it is ready to be filed with the court
• Check this step off your list and move on to the next step: making oral arguments in the appellate court

Making Oral Arguments in the Appellate Court

• Know the facts of the case, the issues being argued, and the applicable law
• Practice your oral argument ahead of time, focusing on the most important points
• Speak clearly, use a confident tone, and address the court politely
• Answer questions posed by the judges succinctly and directly
• Once you have made your argument, sit down and wait for the court’s decision
• You can check this step off your list once you have finished making your oral argument

Preparing the Argument

• Research the facts and law pertinent to the case
• Update the record on appeal
• File appellate briefs, including opening and reply briefs
• Prepare materials for presentation, such as a PowerPoint, outlining the arguments and legal theories
• Check court rules to ensure briefs are properly formatted and filed
• When ready, move on to rehearsing the presentation.

Rehearsing the Presentation

• Practice your presentation with a friend or family member
• Rehearse it out loud several times
• Find a quiet place to practice where you won’t be disturbed
• Make sure you have all the facts and case law you need to present your argument and answer questions
• Time yourself to make sure your presentation won’t be too long or too short
• Make sure you can stay calm and collected when presenting
• When you feel comfortable with the presentation and your argument, you can check this step off your list and move on to interacting with the court.

Interacting with the Court

• Prepare thoroughly for oral arguments, including researching the applicable law and understanding the judges’ likely questions.
• Make sure to follow any instructions provided by the court regarding format, dress code, and time limits.
• During oral arguments, stay professional and courteous, and be sure to answer questions directly.
• Be sure to thank the court for its time before leaving.

How you’ll know when you can check this off your list and move on to the next step:

• You will know that you have completed this step successfully when you have presented your argument in court and the court has thanked you for your time.

Appealing the Appellate Court’s Decision

• File a petition for rehearing with the appellate court and wait for the court’s response
• If the court denies the petition, check with the court to see if it can be taken to the next highest court
• File a Notice of Appeal with the appellate court if the petition for rehearing is denied
• Draft an appellate brief that summarizes the facts of the case and the arguments for why the decision should be reversed
• Serve the other parties with a copy of the brief
• Wait for the appellate court to issue its decision
• Once the appellate court issues a decision, you’ll know if you can check this step off your list and move on to the next step.

Understanding the Options

• Learn the different appellate court options available for your case.
• Research the appeals process for the court you plan to pursue.
• Become familiar with the rules, procedures and deadlines for filing an appeal.
• Once you have a thorough understanding of the appeals process and the rules for the court you plan to pursue, you can move on to the next step.

Filing a Petition

• Obtain the forms necessary to file a petition from the court clerks
• Gather the necessary documents needed to support the petition
• Fill out the forms and documents accurately and completely
• Submit the forms and documents according to the court’s filing requirements
• Pay the filing fee (if required)
• Once you have completed all the necessary steps for filing the petition, your petition will be officially filed with the court and you can move on to the next step.

Requesting a Rehearing

• File a motion for rehearing with the court of appeals and provide a copy to the opposing party
• Include the legal and factual grounds for the motion in the motion
• File the motion within the time limit set by the court or applicable state law
• Serve the motion and all accompanying documents on the opposing party
• You’ll know you can check this off your list when you receive confirmation that the court of appeals has received your motion for rehearing.

Mission, Vision, and Values in the Appellate Process

• Research the mission, vision and values of the appellate court
• Understand the court’s jurisdictional limits and how they impact your case
• Review any applicable statutes, regulations, and/or case law that may be relevant to your case
• Prepare a brief that clearly states your arguments and follows the court’s guidelines
• Understand the court’s appellate procedures and timeline

Once the research is completed and the brief is prepared, you can move on to the next step - constructing a framework.

Constructing a Framework

• Develop an understanding of the appellate process and its various components
• Research and read up on the relevant laws and precedents in the jurisdiction
• Examine the facts of your case and the arguments of each party
• Identify the legal issues that are likely to be raised in the appeal
• Determine what evidence is needed to support the arguments
• Prepare a concise statement of the facts and the legal issues that will be addressed in the appeal
• Construct a well-reasoned and comprehensive argument that will be used to support the appeal
• Develop a strategy for how the appellate court should handle the case

You’ll know you’ve successfully completed this step when you have a comprehensive argument and strategy for the appellate court.

Understanding the Goals

• Learn about the appeals process and the goals of an appellate brief
• Understand the different types of appeals, including interlocutory and discretionary appeals
• Identify the types of relief available and the court’s jurisdiction
• Understand the scope of review and the standard of review for the court
• Know when to raise issues on appeal and when not to

You can check this off your list when you are able to explain the appeals process and the goals of an appellate brief and can explain the different types of relief available, the scope of review and the standard of review for the court.

Aligning Strategies

• Identify how the goals of the appeal align with the facts of the case
• Consult with legal counsel to construct a strategy that will bring those goals to fruition
• Research other cases to determine if there is any precedent that could be used to support the appeal
• Assess the risks and rewards of the strategy and adjust as needed
• When the strategy is finalized, you can move on to the next step.

Common Appellate Strategies

• Identify the issue or issues that you need to address in your appeal
• Research the relevant case law to determine how it applies to your case
• Prepare your argument, citing relevant case law and other legal authority
• Present your argument in the most persuasive manner possible
• Consider filing a motion to supplement the record with additional evidence, if necessary
• When finished, you can move on to the next step: researching precedent.

Researching Precedent

• Locate relevant prior appellate court decisions by researching legal databases, such as Westlaw, LexisNexis, or Bloomberg Law
• Search for cases that are on point with the issue(s) being presented
• Take notes on the relevant facts and holdings of each case
• Analyze the facts of the client’s case and compare them to the facts in the precedent cases
• Once you have an understanding of how the facts of the case may influence the outcome, you can move on to the next step in Appellate 101.

Utilizing Technology

• Review available technology resources for conducting legal research, such as LexisNexis, Westlaw, and other legal databases
• Learn the basics of using legal technology such as researching case law, statutes, regulations, and other primary legal materials
• Understand how to use the search engine and filters to customize your research results
• Utilize the technology to create citations and other legal documents
• Once you are comfortable with the technology and have achieved the desired research results, you can move on to the next step of building a legal team.

Building a Legal Team

• Assemble a team of experienced appellate lawyers who can help you prepare and argue your case.
• Look for lawyers who are familiar with the jurisdiction and have a strong knowledge of the relevant laws.
• Check the lawyer’s background, including their experience and reviews.
• Consider hiring a lawyer who specializes in appellate law.
• When you’ve found the right lawyer or team of lawyers, sign a contract to ensure that you’re both clear on the scope of the work to be completed.

You know you can check this off your list and move on to the next step once you have assembled a team of experienced appellate lawyers, checked their backgrounds, and signed a contract with them.

Tips for Navigating the Appellate Process

• Research the relevant case law and statutes to gain an understanding of the applicable legal standards
• Consult with an appellate lawyer to determine the best strategy and arguments to make in the appellate brief
• Familiarize yourself with the rules of procedure and deadlines for filing in the appellate court
• Consider filing an amicus brief to support or oppose a party’s position
• Meet with the appellate court judges or their staff to explain your case
• Know when to file a motion to stay proceedings

When you can check this off your list and move on to the next step:
Once you have researched the applicable case law and statutes, consulted with an appellate lawyer, and familiarized yourself with the rules of procedure and deadlines for filing in the appellate court, you can check this off your list and move on to the next step.

Knowing Your Resources

• Familiarize yourself with the court of appeals for your jurisdiction.
• Do research on the type of cases the court hears and how they are decided.
• Get to know the court’s rules and procedures.
• Look up published opinions from the court to get a sense of the court’s approach to issues.
• Schedule a meeting with the court clerk to ask questions and get additional information.

Once you have completed the above steps, you will have a better understanding of the resources available to you in the court of appeals. You can then move on to the next step in the appellate 101 guide.

Understanding the Time Frame

• Check the court’s rules to determine the deadline for filing your appeal
• Identify which court will hear your appeal and determine its filing requirements
• Be aware of the different timelines for different kinds of appeals
• Make sure you file your appeal before the deadline
• When you’ve checked all these points off your list, you can move on to the next step in the appellate process.

Developing a Plan

• Identify the issues in the case: review the briefs, the record, and the court’s opinion to determine what issues you plan to raise in the appeal.
• Research the legal arguments: research the applicable law to determine how to make your case most effectively.
• Discuss the strategy with your team: talk through the facts and applicable law with your team to develop a strategy for the appeal.
• Draft the appellate briefs: based on your research and strategy, draft the appellate briefs.
• Practice oral arguments: practice your oral arguments with your team to ensure you can make your points effectively.

You will know you are finished with this step when you have identified the issues, researched the legal arguments, discussed the strategy with your team, drafted the appellate briefs, and practiced the oral arguments.

Conclusion

• Make sure you have documented all the steps you have taken in the appellate process
• Compile all documents, records and other evidence related to the appeal
• Create a summary of the entire appellate process
• Consider any additional arguments you may have for the court
• Determine if any further action needs to be taken
• Submit all documents, records and evidence to the court to complete the appeal process
• Once all documents are submitted, the appellate process is complete and you can move on to the next step.

Summarizing the Process

• Understand what an appeal is, and review the appellate process
• Know the difference between the petition for review and the merits brief
• Understand the rules of appellate procedure and the appellate court’s opinion
• Review the tips and strategies for successfully navigating the appellate process
• When you feel comfortable with the process, you can move on to the next step.

Exploring Further Resources

• Research legal publications and journals for more in-depth information on the appellate process
• Read court opinions from appellate courts to get an idea of how the appeals process works