Appeal Court: Process and Next Steps

So you’re filing an appeal after losing your case in a lower court. What happens when you get up to the appeals court? Is it any different than a standard civil trial?

The appellant, the person who applies to the higher court in hopes of a reversal of a lower court decision, and the appellee, the respondent in an appeal case, are the parties to the case, with most appeals being final as there are only so many levels of higher courts that will accept appeals for most cases. The U.S. Supreme Court, for example, accepts very few cases.

In order to appeal in the first place, you’ll need to purchase an appeal or supersedeas surety bond  to secure your right to appeal and stay the lower court’s judgment. The bond ensures that the appellant will be able to pay the judgment should the appeal not succeed.

While some cases are determined by the courts of appeal based only upon written briefs, many involve oral arguments in which attorneys argue their cases before the courts of appeal. The advocates for the appellant and appellee have a structured discussion with the appeal court’s panel of judges focusing on the issues of law causing the case to be appealed. No new evidence is discussed on appeal and only issues objected to in the lower court will be considered.

Appellate decisions from  the highest state courts and the Federal Court of Appeals may beheard by the Supreme Court via writ of certiorari, but most invitations for review are denied. Cases can be sent back to the trial court to make further rulings based on the court of appeal decision. Click here  and here  to learn more about the appeals process.

Where can you easily purchase an appeal or supersedeas bond?

Colonial Surety  offers the direct and digital way to obtain an  appeal or supersedeas bond.  We are the insurance company — which means no agent, no broker, and no middleman. We make it easy to obtain your bond instantly. The steps are easy — get a quote online, fill out your information, satisfy underwriting requirements, and enter your payment method. Print or e-file your bond from your office. It’s that simple!

 

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