A Brief Overview of the Appeals Process

Appeals Process pic
Appeals Process
Image: uscg.mil

An accomplished attorney, Stewart Springer has spent over two decades fighting for victims’ rights. Practicing through his own legal firm, he handles a wide range of cases, including personal injury and workers’ compensation. Stewart Springer is also an experienced appellate attorney who has handled numerous appeals over the years.

In most cases, plaintiffs have the option to appeal the results of their trials. While criminal cases only allow for verdict appeals to come from defendants, others, such as civil cases, grant the option to both parties. Starting the appeals process involves a party initiating an appeal to a higher court than the one in which the original decision was made. The appellate court reviews the previous trial to determine whether or not an error in judicial process was made and, if it finds one, will allow the appeal to continue. It’s important to remember the appellate court only reviews judicial processes; it does not re-inspect the evidence.

Depending on the specific appeals process, lawyers for both parties will either orally argue their sides before a panel of judges or submit written briefs to the court. In oral presentations, each side receives about 15 minutes to make its case before the judges decide whether or not the original decision was fair. An appeals court decision is usually the final word in a case. Certain courts, however, may request that the case be sent back to trial or that the US Supreme Court review it.