Discuss the customary steps that must be taken to file an appeal and explain how the appellate practice differs from trial work

Question

What will be an ideal response?

Answer 1

Appeals are started when the appellant (i.e., the losing party in the lower court) files a notice of appeal. There are strict time limits that pertain to when the notice must be filed, which in most states is within 10, 30, or 60 days of the lower court's case disposition. The parties then send the record from the lower court to the appeals court. The record consists of the transcript of the trial along with relevant court documents. The attorneys then brief their cases. In the appellant's brief, the attorney sets forth their version of the facts of the case, the issues raised on appeal, and precedents supporting their position. The brief provided by the respondent's attorney, in contrast, will provide arguments as to why the original lower court decision was legally correct and should stand. The court may then decide to hear oral arguments, or may opt to decide the case solely on the basis of the appellate court record and briefs. The court then makes a decision and renders a written opinion that ends with a disposition of the case. The judgment of the lower court may be affirmed (upheld), reversed (overturned), remanded (sent back to the lower court for further proceedings), or reversed and remanded (overturned and sent back to the lower court for additional proceedings). Unlike trial work, the appeals process is primarily a paper exercise. On appeal, there are no witnesses and no new evidence is presented.