An appeal lets you have a court decision overturned or modified. Your case may also be sent back to the lower courts to be retried depending on its unique circumstances.
But your appeal may be affirmed, supporting the lower court’s decision and establishing that no errors were made in processing your case.
Understanding the appeals process and knowing what to do after your appeal is affirmed lets you determine the best strategy to achieve your legal goals.
How the Appeals Process Works
Appeals can be filed after a court has issued a final decision. Temporary orders may not be appealed in most cases, and appeals must be based on a belief that some error was made by the courts.
Errors in fact or law must be demonstrated in order to achieve a successful appeal. Facts may have been misunderstood or overlooked. Court judges may misinterpret existing laws or use their discretion inappropriately.
The appellant is the individual who files the appeal, and the respondent is the opposing party. As an appellant, it’s essential that you know the rules and requirements related to filing an appeal with a higher court.
An appeal must be based on errors. Filing an appeal simply because you did not agree with the court’s decision may result in its dismissal.
When are Appeals Affirmed?
An appeal is affirmed when the appellate court has determined that the lower court’s decision was correct and made without error.
The final court order is affirmed when the evidence submitted supports the decision and the lower court’s judgment provides an explanation for that decision.
Appellate courts can affirm, reverse, modify, or remand a court order. A reversal occurs when the higher court decides that the lower court’s decision was made in error and cancels the decision.
A modification consists of changes made to any part of the court’s decision, and the decision is remanded when the case is sent back to lower courts to be reheard.
Filing an appeal requires you to obtain a full record of your court case. Consulting with an experienced appeals attorney helps you avoid the mistakes that lead to delays or additional legal costs.
A brief will need to be provided, and your attorney will help you obtain the transcripts and other documents required by the appellate courts. Your brief will also include an outline of the reasons for your appeal.
What to Do After Your Appeal is Affirmed
The appellate court must evaluate your case and assess the manner in which the lower court made its final decision.
If your appeal is affirmed, you may file a petition to have your appeal reheard by the appellate court. You need to file your petition within 30 days after the court has made its decision.
Your attorney can provide you with the information you need to ensure that you meet all filing deadlines. The appellate court will then decide if your case will be reheard.
A rehearing may result in a modification of a court decision. But in some cases, it may only be used to clarify the final order.
The appeals process requires an extensive understanding of appellate law, which many trial lawyers may lack. So choosing the right lawyer to help you file your appeal is critical to achieving a successful outcome.
Only your attorney can begin the process for you. Knowing the possible outcomes when filing an appeal helps you determine the next steps when your appeal is affirmed.