Appeals

An appeal is a formal request for a higher court to review a lower court's ruling to determine whether legal errors occurred during the proceedings. Appeals are not new trials; appellate courts do not hear witnesses, examine new evidence, or re-evaluate factual disputes. Instead, they focus solely on whether the law was properly interpreted and applied based on existing trial records.

The primary purpose of appeals is to correct procedural mistakes, promote fairness by ensuring decisions align with established standards, and shape the development of case law through authoritative interpretations that guide future courts.

Trial courts differ from appellate courts. Trial courts establish the factual record and apply the law to those facts. Appellate courts act as legal reviewers, analyzing briefs, transcripts, and arguments to determine whether the trial court's judgment should be affirmed, reversed, or modified.

Types of Appeals

The appellate system offers several pathways for reviewing lower-court decisions, each designed to address different stages and types of legal error.

Direct Appeals

Direct appeals are the most common form of appellate review, occurring after a trial court enters a final judgment in a civil or criminal case. In criminal matters, defendants generally have a constitutional or statutory right to a single direct appeal, which requires the appellate court to accept and decide the case.

Civil cases are governed by jurisdiction-specific procedural rules that also allow parties the ability to appeal final judgments. In contrast, further review by higher courts, such as state supreme courts or the U.S. Supreme Court, is discretionary.

Interlocutory Appeals

Interlocutory appeals enable parties to challenge non-final orders issued before a case is concluded. These appeals are permitted only in specific circumstances, such as when a ruling involves substantial legal questions, affects important rights, or may cause irreparable harm if not reviewed immediately.

Common examples include orders denying qualified immunity, class certification decisions, or significant discovery rulings. Because interlocutory review interrupts ongoing litigation, courts apply strict standards to determine eligibility.

Post-Conviction Appeals

Post-conviction appeals provide avenues for relief after a conviction becomes final. A key mechanism is the habeas corpus petition, allowing incarcerated individuals to challenge the legality of their detention on constitutional or jurisdictional grounds, such as ineffective assistance of counsel or newly discovered evidence.

Another option is a motion for a new trial, which is filed at the trial court to address serious procedural errors, juror misconduct, or evidence that could not have been discovered earlier.

U.S. Appellate Court Structure

The appellate system in the United States has separate structures at the federal and state levels.

Federal Appeals

Federal cases begin in the U.S. District Courts, which serve as trial courts for civil and criminal matters. Appeals from these courts proceed to the U.S. Court of Appeals, also known as Circuit Courts.

There are 12 regional circuits, each covering specific geographic areas, plus the Federal Circuit, which handles specialized subject-matter cases such as patent disputes and certain claims against the federal government.

Circuit courts review legal issues, examine trial records, and issue binding decisions within their jurisdictions. At the top of the hierarchy is the U.S. Supreme Court, which exercises discretionary review, typically addressing constitutional questions, conflicts between circuits, or issues of national importance.

State Appeals

Most states employ a three-tier structure: trial courts, intermediate appellate courts, and state supreme courts. Intermediate appellate courts manage the bulk of appeals and ensure uniform interpretation of state law.

In some states, such as Delaware, Maine, Montana, New Hampshire, South Dakota, Vermont, and West Virginia, there is no intermediate appellate layer, so appeals go directly from trial courts to the state supreme court.

Grounds for Filing an Appeal

An appeal is typically based on recognized legal or procedural errors that may have affected the trial's outcome. Common grounds include legal mistakes, such as misapplied statutes, improper jury instructions, or incorrect evidentiary rulings. Procedural errors, such as violations of due process or mandated court procedures, can also justify appellate review.

Constitutional violations, including infringements on the right to a fair trial, unlawful searches, or free speech violations, provide a strong basis for appeal. Ineffective assistance of counsel is another key ground, usually in criminal cases, where an attorney's performance fell below a reasonable standard and prejudiced the outcome.

Appellants may further claim abuse of discretion, challenging an arbitrary or unreasonable trial court decision, or insufficient evidence, arguing that no reasonable fact-finder could have reached the verdict. Standards of review vary, with appellate courts generally deferring to trial courts on factual findings.

The Appeals Process

The appeals process generally works as follows:

• Filing the Notice of Appeal: The appeal process begins with filing a Notice of Appeal, formally alerting the court and opposing parties that the judgment is being challenged. Deadlines are strict and vary by case type.

• Preparing the Record on Appeal: The record on appeal includes trial transcripts, pleadings, motions, exhibits, and judicial orders. The trial and appellate clerk ensures the record is complete, indexed, and transmitted accurately.

• Written Briefs: Appeals rely primarily on written briefs. The appellant's brief outlines alleged errors and legal arguments, citing the record and relevant authority. The appellee responds, defending those claims. Reply briefs are sometimes permitted.

• Oral Argument: Courts grant oral argument selectively, especially when the case raises substantial legal questions. Counsel highlights key points, answers judges' questions, and clarifies complex issues. The judges typically focus on legal reasoning, record support, and precedent.

• Appellate Decisions: The appellate court may affirm, reverse, vacate, or remand the case for further proceedings. Decisions may be published, becoming precedent, or unpublished, carrying limited or no precedential weight.

Standards of Review

Appellate courts apply specific standards of review to assess whether the trial court's decisions were correct.

• De Novo Review: De novo review applies to legal questions, allowing the appellate court to decide the issue without deference to the lower court.

• Abuse of Discretion: The rule applies to decisions such as evidentiary rulings or sentencing, and overturns them only when the trial court acted unreasonably.

• Clearly Erroneous Review: This standard or review asks whether a reasonable fact-finder could support the verdict, and reverses only when the record shows a definite mistake.

• Substantial Evidence and Harmless Error Review: Courts apply a substantial evidence review to assess whether an error was harmless, meaning it did not affect the outcome.

Appeal Outcomes and Their Consequences

When an appellate court reverses a decision, the lower court's judgment is overturned, which may eliminate civil liability, vacate a conviction, or require a new evaluation of the case. A remand typically accompanies reversal, sending the case back for further action such as a new trial, resentencing, or reconsideration of specific issues.

These outcomes can significantly change criminal sentencing, alter civil liability, or require reconsideration of factual issues under the appropriate legal standards. After an appellate decision, parties may seek subsequent appeals, including discretionary review by the higher court, or file petitions for rehearing to address overlooked issues or clarify the court's reasoning.

Appellate Records and Dockets

Appellate records compile all materials necessary for reviewing a lower court's decision and provide a complete picture of the issues raised on appeal. These records typically include

• The parties' written briefs.

• All motions filed during the appellate process.

• The transcripts and exhibits received from the trial court.

• The appellate court's orders.

• The appellate court's final opinion explaining the legal reasoning behind the outcome.

Public vs. Sealed Records

Most appellate court records are publicly accessible. Briefs, orders, and opinions are usually available unless confidentiality rules require otherwise.

Some appellate records, such as juvenile matters, sensitive medical information, sealed criminal records, confidential business data, and cases involving sensitive protective orders, remain sealed or partly restricted from public access.

These limits protect individual privacy and safety, as well as preserve the integrity of ongoing investigations. Usually, the court may redact sensitive information or restrict access to authorized parties.

How to Access Appellate Records

Many states maintain searchable online portals where docket information and, in some jurisdictions, downloadable filings are available. Federal appellate court records are accessible through the Public Access to Electronic Court Records (PACER).

For offline access to appellate records, individuals may request copies from the appellate clerk's office. Typically, an in-person request may require presenting a valid government-issued identification, paying for copying or certification fees, and completing applicable forms to retrieve the document.

State-by-State Variations in Appellate Court Structure

Appellate procedures vary widely across the United States, and these differences can influence the strategy and timing of an appeal. States set their own deadlines for filing a notice of appeal, with some adhering to the common 30-day rule and others imposing shorter or more flexible timelines. Some jurisdictions restart or toll the filing period when post-trial motions are submitted, while others treat the appellate deadline as strictly fixed.

Several states maintain uniquely structured appellate frameworks. California's appellate process is relatively complex, with rigid jurisdictional deadlines and detailed rules governing the record and briefing.

Texas operates two separate courts of last resort, one for civil cases and another for criminal matters, each applying its own discretionary review standards. New York's Appellate Division is divided into four departments, each enforcing localized procedural rules that can affect both filings and precedent.

These variations make it essential for litigants and attorneys to understand and follow state-specific appeal pathways, as shown in the table below.

50-State Quick-Reference Table: Appellate Court Structures and Appeal Pathways

State	Primary Appellate Pathway	Intermediate Appellate Court?	Notes / Special Features
Alabama	Trial Courts → Court of Civil/Criminal Appeals → Supreme Court	Yes	Separate civil and criminal intermediate courts.
Alaska	Trial Courts → Court of Appeals (criminal) / Supreme Court	Limited	Criminal appeals go to the Court of Appeals; civil appeals go directly to the Supreme Court.
Arizona	Superior Court → Court of Appeals → Supreme Court	Yes	Two divisions of the Court of Appeals.
Arkansas	Trial Courts → Court of Appeals → Supreme Court	Yes	The Supreme Court controls which cases it reviews.
California	Superior Court → Court of Appeal → Supreme Court	Yes	Large, multi-district Court of Appeal system.
Colorado	Trial Courts → Court of Appeals → Supreme Court	Yes	Some direct appeals go to the Supreme Court (e.g., the death penalty historically).
Connecticut	Superior Court → Appellate Court → Supreme Court	Yes	The Appellate Court handles most first-level appeals.
Delaware	Superior/Court of Chancery → Supreme Court	No	All appeals go directly to the Supreme Court.
Florida	Trial Courts → District Courts of Appeal → Supreme Court	Yes	Five District Courts of Appeal.
Georgia	Trial Courts → Court of Appeals → Supreme Court	Yes	The Supreme Court hears selected categories (e.g., constitutional).
Hawaii	Circuit/District Courts → Intermediate Court of Appeals → Supreme Court	Yes	Discretionary review by the Supreme Court.
Idaho	District/Magistrate → Court of Appeals → Supreme Court	Yes	Some appeals go directly to the Supreme Court.
Illinois	Circuit Courts → Appellate Court → Supreme Court	Yes	Five Appellate Court districts.
Indiana	Trial Courts → Court of Appeals → Supreme Court	Yes	Direct appeals in limited serious matters.
Iowa	District Courts → Court of Appeals → Supreme Court	Yes	The Supreme Court retains discretionary review.
Kansas	District Courts → Court of Appeals → Supreme Court	Yes	Some cases bypass the Court of Appeals.
Kentucky	Circuit/District Courts → Court of Appeals → Supreme Court	Yes	Unified Court of Justice structure.
Louisiana	District Courts → Courts of Appeal → Supreme Court	Yes	Five circuits, civil and criminal in the same courts.
Maine	Trial Courts → Supreme Judicial Court	No	The highest court sits as "Law Court" for appeals.
Maryland	Circuit/District Courts → Appellate Court → Supreme Court	Yes	Recently renamed; two-tier appellate system.
Massachusetts	Trial Courts → Appeals Court → Supreme Judicial Court	Yes	SJC retains direct and further appellate review.
Michigan	Trial Courts → Court of Appeals → Supreme Court	Yes	Four appellate districts administratively.
Minnesota	District Courts → Court of Appeals → Supreme Court	Yes	Some appeals go directly to the Supreme Court (e.g., statewide elections).
Mississippi	Trial Courts → Court of Appeals → Supreme Court	Yes	The Supreme Court can retain or assign cases.
Missouri	Circuit Courts → Court of Appeals → Supreme Court	Yes	Three regional Courts of Appeals.
Montana	District Courts → Supreme Court	No	No intermediate appellate court.
Nebraska	District/County Courts → Court of Appeals → Supreme Court	Yes	The Supreme Court may move cases between levels.
Nevada	District Courts → Court of Appeals (deflective) → Supreme Court	Yes	"Deflective" model: Supreme Court assigns cases down.
New Hampshire	Trial Courts → Supreme Court	No	A single high court handles all appeals.
New Jersey	Trial Courts → Appellate Division → Supreme Court	Yes	The Appellate Division of Superior Court is intermediate level.
New Mexico	District Courts → Court of Appeals → Supreme Court	Yes	Direct appeals in serious criminal cases to the Supreme Court.
New York	Supreme Court (trial) → Appellate Division → Court of Appeals	Yes	Four Appellate Division departments; highest court is "Court of Appeals".
North Carolina	Trial Courts → Court of Appeals → Supreme Court	Yes	Discretionary review in many cases.
North Dakota	Trial Courts → Supreme Court	No (general)	Limited use of "temporary" intermediate panels historically.
Ohio	Trial Courts → Courts of Appeals → Supreme Court	Yes	Twelve appellate districts.
Oklahoma	Trial Courts → Court of Civil Appeals / Criminal Appeals → Supreme Court (civil)	Yes	Dual high courts for civil and criminal.
Oregon	Circuit Courts → Court of Appeals → Supreme Court	Yes	The Tax Court has its own route.
Pennsylvania	Common Pleas → Superior/Commonwealth Court → Supreme Court	Yes	Two intermediate courts: Superior (general) and Commonwealth (government).
Rhode Island	Superior/Family/District → Supreme Court	No	The Single Supreme Court handles appeals.
South Carolina	Trial Courts → Court of Appeals → Supreme Court	Yes	The Court of Appeals handles most appeals.
South Dakota	Trial Courts → Supreme Court	No	No intermediate appellate court.
Tennessee	Trial Courts → Court of Appeals (civil) / Criminal Appeals → Supreme Court	Yes	Separate civil and criminal intermediate courts.
Texas	Trial Courts → Courts of Appeals → Supreme Court (civil) / Court of Criminal Appeals	Yes	Dual courts of last resort for civil vs. criminal.
Utah	District/Justice Courts → Court of Appeals → Supreme Court	Yes	Some direct appeals to the Supreme Court.
Vermont	Trial Courts → Supreme Court	No	Single high court; limited direct review from agencies.
Virginia	Trial Courts → Court of Appeals → Supreme Court	Yes	Expanded Court of Appeals jurisdiction in recent years.
Washington	Superior Courts → Court of Appeals → Supreme Court	Yes	Three divisions of the Court of Appeals.
West Virginia	Trial Courts → Intermediate Court of Appeals → Supreme Court of Appeals	Yes	The intermediate court was created recently for general appeals.
Wisconsin	Circuit Courts → Court of Appeals → Supreme Court	Yes	The Court of Appeals is the primary error-correcting court.
Wyoming	Trial Courts → Supreme Court	No	All appeals go directly to the Supreme Court.

Frequently Asked Questions About Appeals

Here are answers to questions typically asked about appeals.