Federal Appeals Options After Losing at Trial

Federal Appeals Options After Losing at Trial

Why File an Appeal?

There are several reasons why filing an appeal may make sense after losing at trial:

• The trial court may have made a mistake in applying the law or procedural rules
• The trial court may have improperly admitted or excluded evidence
• You believe the jury’s verdict is not supported by the evidence
• The trial court’s decision sets a bad legal precedent you want to overturn
• You want to delay the implementation of the trial court’s judgment

Appeals courts do not retry the entire case from scratch. Rather, they focus on alleged errors made by the trial court. However, getting a new trial is one potential outcome if the appeals court finds the trial court made reversible errors.

Where to File the Appeal

For cases tried in federal district court, the appeal will go to the Court of Appeals for the circuit where the district court is located. For example, a case tried in the Northern District of California would be appealed to the Ninth Circuit Court of Appeals. There are 12 regional circuit courts plus the specialized Federal Circuit Court of Appeals.

Deadlines for Filing the Appeal

In civil cases, you generally have 30 days from the date of entry of the final judgment to file a notice of appeal. This deadline is extended to 60 days if the federal government is a party. The notice of appeal is a simple document naming the parties, identifying the judgment being appealed, and naming the appeals court. It only takes a few minutes to prepare.

In criminal cases, the notice of appeal must be filed within 14 days of the entry of either the judgment or order being appealed. This deadline is strict, and missing it may result in a loss of appeal rights.

Obtaining a Stay

Filing an appeal does not automatically postpone enforcement of the trial court’s judgment. However, it is often desirable to “stay” or halt enforcement of the judgment until the appeal is decided. Stays are not automatic and require an application to the trial court or court of appeals.

Factors courts consider in deciding whether to grant a stay include:

• Likelihood of success on appeal
• Whether the applicant would suffer irreparable harm from enforcing the judgment
• Harm to other parties if a stay is granted
• Public interest

For example, a court may grant a stay of an injunction preventing business operations so the operations can continue while the appeal is pending. On the other hand, a court may deny a stay of a money judgment if it would prevent the prevailing party from collecting what is owed.

Filing the Appellate Brief

The next major step in the appeals process is when the appellant files their opening brief. This legal memorandum fully explains the basis for the appeal and arguments why the trial court erred. The appellee then has a chance to respond with their own brief defending the trial court’s decision.

The appellant has one last chance to reply to the appellee’s arguments. Effective brief writing is critical, as appeals are decided primarily on the briefs without extensive new evidence.

Oral Argument

In some cases, the appeals court will hold an oral argument after briefing is complete. This is a structured discussion between the judges and lawyers focusing on the legal issues. Each side has a short time, usually 15-20 minutes, to make their case and answer questions. Oral argument can occasionally sway judges, but the briefs tend to matter more.

The Appeals Decision

After oral argument or submission on the briefs, the appeals court will make a decision. This comes in the form of a written opinion explaining the ruling and legal reasoning. The court may:

• Affirm the trial court completely
• Reverse the trial court completely
• Affirm in part and reverse in part
• Vacate the judgment and order a new trial
• Remand for additional proceedings in the trial court

For example, the appeals court may reverse the trial court on a key evidentiary issue but affirm on most other issues. The trial court must then hold a new trial consistent with the appeals court mandate.

Appealing the Appellate Decision

If the appeals court rules against you, there is still one more place to turn – the U.S. Supreme Court. However, Supreme Court review is discretionary, meaning the Court gets to pick and choose the few cases it wants to hear each year. Most appeals end at the circuit court level.

To appeal to the Supreme Court, you must file a petition for a writ of certiorari within 90 days of the appellate ruling. This petition seeks permission to have the Supreme Court hear the case. These petitions are rarely granted unless the case involves important constitutional issues or conflicts between federal circuits.

Conclusion

Losing a federal case at trial is disappointing, but the appeals process provides litigants the chance to challenge unfavorable rulings. While victory is never guaranteed, filing an appeal may make sense if the trial court made significant legal errors that affected the outcome. With strict deadlines and complex procedures, assistance from an appellate lawyer is advisable for making the most persuasive case possible to the appeals court.

References

Criminal Appeals Process – https://www.justice.gov/usao/justice-101/appeals-process

Federal Rules of Appellate Procedure – https://www.law.cornell.edu/rules/frap

Supreme Court Appeals – https://www.scotusblog.com/reference/educational-resources/supreme-court-procedure/