How To Make An Appeal

Making an appeal refers to the situation when a party makes a formal request that a higher body, in general a higher court, will review the action, procedure, or decision of a lower court, administrative agency, or other body. Typically, it is the party who loses or did not get all the compensation that it sought for, who decides to make an appeal. In addition, both parties can make an appeal of a court order on their own, if both of them are unsatisfied by the outcome of the lawsuits.

Where do I make an appeal? Generally, an appeal has to be brought solely to the next higher body in the same system. For instance, if you make an appeal of an order in a state trial court, you will have to make an appeal to the state intermediate appellate court. Then, if you or the other party lost and wish to make an appeal, you or the other party will have to take a further appeal to the state’s highest court. In some states, in order to take a further appeal to the state’s highest court, the party would require to get permission from either the intermediate court or the higher court, except if there had been a reversal or dissenting opinion. Eventually, the state’s highest court is generally the final word on matters of that state’s law.

But if you want to make an appeal from an administrative law judge or hearing officer, the process differs a bit from what it has been described before. Indeed, you need first to make the appeal to the administrative agency’s appeals board, and then to the agency head, and only then to the appropriate court.

Can I make an appeal in any cases? The answer is positive. Indeed, the basis of an appeal is either the fact that a lower court made a serious error of law or that the verdict in the trial was against the weight of the evidence. Therefore, if your situation falls in one of this category you can make appeal whatever your case. However, there are some restrictions because the standards for overturning the judgment will also highly depend on what court or body rendered the judgment and the kind of case.

By Kum Martin | Posted on 2007-06-18 18:24:56

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Definition:

An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. In common law jurisdictions, most commonly, this means formally filing a notice of appeal with a lower court, indicating one's intention to take the matter to the next higher court with jurisdiction over the matter, and then actually filing the appeal with the appropriate appellate court.

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