Perfecting Your Federal Appeal After Losing at Trial

Perfecting Your Federal Appeal After Losing at Trial

Losing a case at trial is tough. You’ve invested so much time, money, and emotional energy into your case, only to have the jury (or judge) rule against you. It’s devastating. But don’t give up hope just yet! You still have the option to appeal the decision to a higher court.

Filing an appeal might seem intimidating, but it doesn’t have to be! This article will walk you through the basics of “perfecting” a federal appeal, so you can decide if it’s the right next step for your case. We’ll cover:

• What it means to “perfect” an appeal
• Important deadlines for filing your notice of appeal
• What needs to be included in the notice of appeal
• Other documents you’ll need to file with the appellate court
• How much an appeal might cost
• Your chances of success on appeal

Let’s get started!

What Does It Mean to “Perfect” an Appeal?

“Perfecting” an appeal just means completing all the required steps to give the appellate court jurisdiction (authority) over your case. The main thing you need to do is file something called a “notice of appeal” by the court’s deadline. This gives the appeals court the green light to start reviewing what happened at trial.

You’ll also likely need to file other documents down the road, like your opening brief explaining why you think the lower court ruling was wrong. But filing the notice of appeal is the critical first step.

When Do I Need to File My Notice of Appeal?

The deadline for filing your notice of appeal depends on whether your trial was held in a federal district court or the U.S. Tax Court[1].

• For a district court case, you generally need to file within 30 days after the judgment or order you’re appealing is entered on the district court docket.
• For a U.S. Tax Court case, you generally need to file within 90 days after the Tax Court decision is entered.

There are some exceptions that can give you more time, but don’t count on them! Mark your calendar as soon as the trial court judgment comes down so you know exactly when your 30-day or 90-day deadline is. Missing the deadline can ruin your chances to appeal.

What Needs to Be In My Notice of Appeal?

Your notice of appeal doesn’t need to be anything fancy, but it does need to include certain information[2]:

• The name of the court where your appeal will go (the circuit court of appeals covering the district where your trial took place)
• The title and case number of your district court case
• The names of all parties filing the appeal (appellants)
• The name of the court that issued the judgment or order you’re appealing
• The title and date of the judgment, order, or part of the judgment/order you’re appealing

Double-triple check you’ve included all this before filing! Leaving something important out could delay your appeal.

What Else Do I Need to File With the Appellate Court?

Along with your notice of appeal, you’ll need to file a few other items in the coming weeks and months[3]:

• Appearance form: Lets the court know if you’ll represent yourself or if you have a lawyer.
• Case information forms: Provides basic info about your appeal.
• Transcript purchase order: Instructions for the court reporter to prepare trial transcripts you’ll need.
• Docketing statement: Overview of the issues you’ll raise on appeal.
• Opening brief: Full legal arguments of why the lower court ruling was wrong.

The clerk’s office sends out info on how and when to file these. So keep an eye on your mail after filing your notice of appeal!

How Much Does a Federal Appeal Cost?

I won’t sugarcoat it – filing a federal appeal isn’t cheap. Costs include[4]:

• Court fees for filing documents – roughly $500
• Trial transcript costs – $3-5 per page, hundreds or thousands of pages
• Printing and binding costs for legal briefs
• Attorney fees if you hire appellate counsel

All together you’re looking at at least $5,000-$10,000 in costs. And potentially much more if your case is complex. Can you afford that? Will it be worth it?

What Are My Chances of Winning the Appeal?

Before sinking money into an appeal, realistically evaluate your chances of success. Federal appeals courts tend to uphold lower court decisions about 80% of the time. They give a lot of deference to the trial judge and jury.

So you need strong arguments that the district court made an error about the law or legal procedures. Like if the jury got faulty instructions, or the judge wrongly excluded evidence that could have changed the verdict. Minor errors usually won’t cut it.

If your arguments feel like a long-shot, appealing may just lead to more disappointment. But if you have solid issues to raise, it could be worth it! Just weigh the costs vs. potential rewards.

Ready to Get Started?

Perfecting a federal appeal takes hard work. But with the right grounds and some perseverance, you may just get that trial court decision reversed! Need help getting started? Consult an appellate attorney in your area.

And check out more resources here:

• Perfecting an Appeal in New York
• Federal Rules of Appellate Procedure

Best of luck with your appeal! Let me know if you have any other questions.

References

1. Federal Rules of Appellate Procedure Rule 4
2. Federal Rules of Appellate Procedure Rule 3
3. Ninth Circuit Court of Appeals: Perfecting Your Appeal
4. NY Courts: How a Case is Decided