How To Appeal A Court Decision: A Guide To The U.S. Appeals Process

Have you ever wondered what happens when a court decision doesn’t go in your favor? You’ve likely heard of high-profile appeals in the news recently, like the U.S. Appeals Court overturning a 1979 murder-kidnapping conviction in 2025 or major cocoa companies defeating an appeal in a child slavery lawsuit. But do you know what an appeal really involves? Keep reading to understand in detail.

When a court’s judgment doesn’t go in your favor, the law provides a remedy: “an appeal”. It is a request for a higher court to review the lower court’s decision for legal errors.

If you were never convicted of a crime or don’t know anything about the court and its processes, you might often wonder, like most commoners:

 

• • What is an appeal?

• • How is it different from a trial?

• • Can I file an Appeal without a Lawyer?

With so many questions swirling in your mind, catching up about the appeals process might feel difficult, but Brownstone Law is here to help!

With our expertise, we present a clear guide that explains the appeal process and answers all your questions about federal appeals. Let’s get started.

What Is An Appeal In A Court?

An appeal is a review by a higher court to identify any legal errors in the proceedings of the lower court. The appellate court uses the trial’s existing record (no new evidence or testimony) to make its decision.

A panel of three judges reviews the trial transcript and written briefs, with attorneys sometimes presenting a brief oral argument (about 15 minutes) to address the questions of judges.

The appellant, or the party appealing, aims to demonstrate that the trial court made a serious legal mistake that affected the outcome. If the appellate court finds such an error, it may correct it; otherwise, the original decision stands.

Trial Vs. Appeal Comparison

Most people are confused between an appeal and a trial. Therefore, let’s find out how an appeal is different from a trial.

Aspect	Trial Court	Appellate Court
Decision Maker	Single judge, often with a jury for facts.	Panel of judges (usually three), no jury.
Evidence	New evidence, witnesses, and exhibits are presented.	No new evidence, only trial record reviewed.
Focus	Finds facts, applies law for verdict.	Checks legal errors, not facts (unless unreasonable).
Proceedings	Days/weeks of testimony, arguments.	Written briefs, short oral argument (~15 min/side).
Outcome	Verdict (guilty/not guilty, liable, damages).	Affirms, reverses, modifies, or remands case.

Who Can File An Appeal?

Not every outcome or party can appeal. Generally, any party negatively impacted by a final judgment has the right to appeal to a higher court. Here are the key rules:

1. Civil cases:

Both sides (plaintiffs and defendants) can appeal a verdict or judgment. If you believe the trial court made a legal error that harmed your case, whether you’re the plaintiff or defendant, you have the right to appeal.

2. Criminal Cases:

 

• • The defendant can appeal a guilty verdict or the sentence imposed. (if they believe there were legal errors in the trial process or the sentence was too harsh.)

• • The prosecution cannot appeal an acquittal (a “not guilty” verdict) due to constitutional protections against double jeopardy.  (This means a person cannot be tried twice for the same crime.)

• • Both sides can appeal aspects of a sentence if they believe it was unlawful. Like if the defendant argues it’s too harsh, and the prosecution claims it’s too lenient.

3. Other Cases

In specialized matters (such as bankruptcy or administrative agency decisions), the losing party typically appeals to the next level of court through a specific appellate process.

Final Judgment Rule:

Appeals are generally only allowed from a final judgment, meaning the trial court has made a decision on the entire case. Interlocutory (mid-case) appeals are rare and only permitted in exceptional circumstances.

How Long Do You Have To File An Appeal?

Appeals have very strict deadlines. If you miss the deadline to file your notice of appeal, you will likely lose the right to appeal. The time limit to file an appeal varies by jurisdiction and case type, but it is often very short (14 to 60 days). Here are a few examples:

Case Type	Deadline for Filing an Appeal
Federal Court (Civil Cases)	30 days from the entry of judgment (60 days if U.S. government is a party)
Federal Criminal Cases	14 days from the judgment or sentence
State Courts (General)	Typically 30 days from the final judgment or order (varied from state to state)Florida: 30 daysCalifornia: 60 daysTexas: 30 days
Special Cases (Post-Trial Motions)	Deadline may be paused (tolling) until post-trial motions are decided

Tip:  Consult with an attorney as soon as you receive an unfavorable ruling. Missing the filing window – even by a day – can forfeit your right to appeal.

What Are The Grounds For An Appeal?

You cannot appeal simply because you’re unhappy with the outcome; you must have legal grounds alleging something went wrong in the trial. Common grounds for appeal include:

1. Error of Law:

The trial judge might have applied the wrong law or misinterpreted the law. 

Since appellate judges do not defer to the trial court’s legal conclusions, an error of law is a strong ground for appeal. If the law was applied incorrectly, the appellate court can reverse the decision.

2. Procedural Errors / Due Process Violations:

The court may have violated proper procedure or a party’s rights.

This could include things like improper admission or exclusion of evidence:

 

• • Improper admission or exclusion of evidence (e.g., allowing hearsay or excluding crucial evidence).

• • Juror misconduct (e.g., improper influence on a juror).

• • Failure to give a party a fair opportunity to present their case.

3. Insufficient Evidence To Support The Verdict:

No reasonable jury could have reached the conclusion based on the presented evidence.

Another ground for appeal is if the appellant claims that evidence was legally insufficient to prove the case. This is a tough sell on appeal because appellate courts typically defer to the trial court or jury on factual matters.

Note: If appeal jury finds that there truly was a lack of evidence, it can be a ground for reversal.

4. Abuse Of Discretion By The Judge:

A trial judge’s decision is so unreasonable that it exceeds acceptable choices.

If the trial judge abused their discretion in a way that prejudiced the outcome, an appellate court may overturn that part of the decision. It happens when a judge: :

 

• • Improperly denies a request for a continuance.

• • Imposes a harsh sentence outside the standard range without justification.

• • Unduly limits cross-examination of a key witness (being unfair)

5. Ineffective Assistance of Counsel:

The defendant claims that their attorney’s performance was so deficient it undermined the defense.

In criminal cases, defendants have a constitutional right to effective assistance of counsel. Courts use specific tests (like the Strickland v. Washington standard) to evaluate these claims, but broadly it means the lawyer’s incompetence led to an unfair trial.

Note: This is a common appeal ground in criminal cases

6. Prosecutorial Misconduct or Jury Misconduct:

Improper actions by the prosecutor or jury that affect the fairness of the trial.

Prosecutorial misconduct includes:	Misstating the law to the jury. Introducing inadmissible evidence. Withholding exculpatory evidence.
Jury misconduct involves:	Independent research on the case. Discussing the case against the judge’s instructions. Juror bias or unfair opinions that affect their judgment.

Alt text: Strategies for a successful appeal

How Can You Appeal A Court Decision?

 

1. 1. File a Notice of Appeal:

Submit a written Notice of Appeal to the court, typically within 30 days of the judgment. This document states that you intend to appeal the lower court’s decision.

 

2. 2. Pay the Filing Fees:

The next step is to pay the required appellate filing fee (roughly $100–$250 ) to proceed.

In cases including money judgments, you may also need to post an appeal bond to delay enforcement of the judgment (this ensures that funds are available if the appeal is unsuccessful)

 

3. 3. Prepare the Record on Appeal:

After the notice is filed, the trial transcripts, evidence, and court filings from the lower court need to be prepared and sent to the appellate court. This record is what the appellate court will review.

 

4. 4. Submit Appellate Briefs:

The appellant (the party appealing) and appellee (the opposing party) will submit detailed legal briefs to the appellate court.

 

• • The appellant’s opening brief outlines the case, highlights legal errors, and argues for reversal or modification.

• • The appellee counters with a brief defending the trial court’s decision or arguing that errors were harmless.

Tip: Appellate brief-writing requires persuasive legal reasoning and clarity, because this is the primary basis on which the judges will decide the case.

 

5. 5. Oral Argument (Optional):

If scheduled, attorneys present brief arguments to the appellate judges and answer their questions within a limited time (often just 10–20 minutes)

Note: This is very different from a trial – there are no witnesses or jury, just a conversation between judges and lawyers about the law and the record. So, it can only be handled by experienced lawyers.

 

6. 6. Appellate Court’s Decision:

Once the judges have reviewed the record, read the briefs, and heard any oral arguments, they will confer and eventually issue a written decision to affirm, reverse, or remand the case.

Case Study: Joe Carollo’s Failed Appeal Of $63.5 Million Verdict

Background: Miami Commissioner Joe Carollo was ordered to pay $63.5 million after a jury found him guilty of misusing his office to retaliate against local businessmen William “Bill” Fuller and Martin Pinilla. Carollo allegedly used Miami code enforcement to target their businesses in Little Havana. Carollo sought to overturn the verdict, claiming jury tampering and requesting a retrial.Appeal Process: Carollo’s legal team filed motions in 2024 to reduce the judgment or grant a new trial. They argued that Zach Bush, a business associate of the plaintiffs, had followed a juror. However, the trial court rejected the motion, and the case was appealed to a higher court.Appeals Court Decision: On July 17, 2025, the U.S. Court of Appeals ruled against Carollo. The three-judge panel upheld the trial court’s handling of the jury tampering claim, confirming that the jury remained impartial. The appeal was dismissed, affirming the $63.5 million judgment.Key Points:Jury Tampering Allegation: Carollo claimed a juror was followed by a business associate, but the trial court found no impact on the verdict. Appeal Rejected: The appellate court agreed with the trial court’s findings, dismissing the appeal and upholding the original decision. Legal Takeaways: This case highlights the difficulty of overturning a jury’s decision and the importance of a fair trial process, with appeals requiring strong legal grounds to succeed.Conclusion: Joe Carollo’s case highlights the challenge of overturning a verdict on appeal. Despite claims of jury tampering, the appellate court found no error in the trial court’s judgment, affirming the original $63.5 million decision.

How Long Does An Appeal Take?

Appeals are time-consuming, often taking several months or even years. The duration depends on factors like court backlog, case complexity, and jurisdiction rules.

For example, a California criminal appeal can take 6 to 18 months, while a federal court appeal timeline may exceed two years.

Much of the delay is due to the time needed for briefing and scheduling oral arguments. After briefs are submitted, judges review and deliberate, further extending the process.

Given these factors, expect a lengthy wait – sometimes over a year or more – for a decision.

This delay is why some opt not to appeal. For civil appellants, relief can be long-delayed, and criminal appellants may remain incarcerated unless granted bail.

What Happens After An Appeal Is Granted?

When the appellate court finally decides your appeal, what does an appellate court do with a case? There are the following possible outcomes:

 

1. 1. Affirmation (Appeal Denied):

The original judgment or verdict stays in effect!

The appellate court may find that no errors occurred or that any errors were not serious enough to affect the outcome and uphold the result.

 

2. 2. Reversal:

The court found a significant error and has overturned the trial court’s decision.

A reversal can sometimes mean that the appellate court renders the decision the trial court should have made.

The appellate court might reverse and enter a judgment of acquittal for the defendant, or it mostly couples with the remand, which we are going to read next.

 

3. 3. Remand:

The appellate court sends the case back down to the lower court for further proceedings.

Remand is the usual way an appellate court corrects a mistake without itself conducting a trial.

 

• • If evidence was wrongly excluded, the appellate court might remand for a new trial so that the evidence can be included this time.  

• • If a sentencing error occurred, it might be remanded for re-sentencing.

Note: Keep in mind, a remand for a new trial doesn’t guarantee a win; it means you get another chance under corrected conditions. So, it’s best to hire an experienced lawyer to ensure the win.

 

4. 4. Modification:

An appellate court might modify the judgment!

An appeals court could reduce an excessive damages award in a civil case, or adjust the terms of an injunction, rather than ordering an entirely new trial.

Note: Modification is less common than a straightforward affirm or remand but is within the appellate court’s power in certain cases.

 

5. 5. Dismissal of Appeal:

The appeal has a procedural defect!

The appellate court can dismiss the appeal (filed too late or from a non-appealable order) without reviewing the substance. This outcome underscores why it’s important to follow all appellate procedures diligently.

Do You Need A Lawyer For An Appeal?

Appeals are about law, not facts!

While you can legally file and argue an appeal on your own in many jurisdictions, handling an appeal without legal expertise is risky. Appeals require a deep understanding of legal principles, not just a retelling of the facts.

An experienced appellate attorney can make a significant difference. They know how to:

 

• • Identify the strongest legal arguments

• • Write clear, persuasive briefs

• • Follow strict filing deadlines

• • Avoid costly procedural errors

• • Ensure timely and accurate filings

Having a specialist handle your appeal increases your chances of success by avoiding procedural errors and presenting your case in the most effective way possible.

Conclusion

Appealing a court decision is a major decision that should be approached with a full understanding of the process, challenges, and potential outcomes. Given this, it’s invaluable to have seasoned legal guidance.

Brownstone Law is a nationally recognized appellate law firm that focuses exclusively on appeals. Our appellate attorneys are well-versed in federal and state appeals, covering civil, criminal, and administrative cases.

If you are considering an appeal – whether it’s a criminal conviction or a civil judgment – reach out to Brownstone Law for consultation now!

Also Read: An Overview of Appeal Courts in Nashville

FAQs (Frequently Asked Questions)