American Appeals: The Process

The process

Again, on an appeal, the parties ask the appellate court to reconsider the outcome before the court of first instance. This means that the appellate court needs to know what arguments and evidence the lower court had before it. These papers are presented on appeal in bound volumes called the "record," which contains the entirety of the documents that the lower court considered, as well as transcripts of any arguments.

Besides the record, the other main set of papers submitted to the appellate court is the briefs. Usually the party taking the appeal files the opening brief, followed by the appellee's or respondent's brief, followed by the appellant's last word in the form of a reply. The briefs contain the parties' arguments bolstered by legal authority in the form of prior court decisions. Clear, persuasive writing and a proper foundation in the record and law are the most important hallmarks of a brief, but these papers also have to adhere to very specific requirements of form before courts will accept them. (Beyond the technical requirements of page limits, font size, etc., attentive appellate lawyers also pay attention to how the format of the brief makes it easier or more challenging for the judges to read and evaluate.)

The appellate court may decide a case on the briefs alone, or it may issue a decision only after the case goes to oral argument. At oral argument, lawyers for each side appear before the judges in person to reiterate the strongest points of their case, to point out flaws in the other side's, and most importantly to address any questions or concerns the judges might have.

The outcome

Once the appellate court has considered the parties' arguments, its decision will either affirm the paper on appeal, reverse it, modify it (that is, reverse part of it, or potentially adjust the amount of damages awarded), or remand the case for further proceedings in the lower court.