Filing for a federal appeal can be daunting, but only if one isn’t familiar with how the procedure takes place, and what steps the appellate should take. When looking for a federal appeals lawyer, it’s best to understand the U.S. appellate procedure as a whole. Below are need-to-know facts about federal appeals.
Appellate Proceedings In The U.S.
Type Of Case
In the context of filing for an appeal, it’s crucial to know what case yours is categorized under. Though as your guide, most are usually given the green light when the appellate files for a petition to review. A petition to review is a kind of formal request to have the higher courts reconsider the lower court’s decision, and make changes to it. Or ultimately, overturn it.
Grounds For The Appeal
In order for you to submit your petition, ensure that the grounds for your appeal are clearly stated and justified. Errors in facts or of law applied, and due process is generally the basis for why petitions to review are submitted in the first place.
State And Jurisdiction
Another reminder is that each state’s courts have varying procedures when it comes to appealing. This means that you’ll have to familiarize yourself with the constitution of the state that has jurisdiction over your case.
The Appellate Procedure
Now, the appellate procedure itself typically takes place when the court analyzes the Record Of Evidence that has been presented in the trial court. This will be examined along with the law that has been applied by the lower court. Said record will be the higher courts’ basis for checking whether the decision made was legally sound or otherwise.
In most instances, the higher court will favour the lower courts’ findings. The only time that they will likely check said findings of fact alone is if an erroneous and blatant error is found. Again, the higher court will observe not the findings of fact in themselves but the lower court’s application of the law.
There are three ways in which the higher court will respond: they will either affirm the judgment, modify the ruling, or nullify the decision as a whole.
“Affirming” the judgment means that they do not see any defect in the lower court’s decision. Secondly, “modification” equates to rectifying the defect found. And finally, to “nullify” the decision is to completely reverse it and its proceedings. In relation to these, a “remand” may also be asked of the lower court for them to resolve the error.
The general rule is that cases submitted to the appellate court don’t necessitate a re-trial. This is because everything will be based on the re-examination of the evidence record. The sole occasion for an appearance to be required in court is if a rehearing is scheduled.
That said, re-hearings take place whenever new pieces of evidence arise. They’re rare, yet they happen nonetheless.
In the continental U.S., two major appeals are frequently recognized. A trial de novo (a complete review of the lower court’s decision) or an appeal on the record.