Top 5 Mistakes to Avoid When Filing a Federal Appeal

Top 5 Mistakes to Avoid When Filing a Federal Appeal

Filing a federal appeal can be a complicated process full of potential pitfalls. As someone whose gone through it myself, I want to share the top mistakes I see people make so you can avoid them. This is coming from a place of care and wanting you to have the best chance at a successful appeal.

Mistake #1: Not Understanding the Legal Standard of Review

Each type of appeal has a different legal standard the appeals court will use to evaluate the lower court’s decision. You need to understand what the standard is and tailor your arguments specifically to address it. For example, on questions of law, appeals courts review decisions “de novo”, meaning they look at the issue fresh with no deference to the lower court’s ruling. But on factual issues or discretionary matters, they use standards like “clear error” or “abuse of discretion,” which give more deference. Research the standard for your type of appeal and gear your brief to fit it.

Mistake #2: Making Procedural Errors

There are lots of procedural rules governing how to properly file an appeal, like deadlines for filing your notice of appeal and brief, formatting requirements, limits on length, etc. It’s easy to miss small details, but even minor procedural defects can get your appeal dismissed before the court even considers its merits. Carefully review the rules of appellate procedure and double check that you’ve complied with each one – don’t let a technicality derail your appeal.

Mistake #3: Focusing Too Much on the Unfairness of the Lower Court’s Ruling

It’s natural to think the lower court got it totally wrong, but appeals courts don’t look kindly on arguments that the judge was biased or the result was unfair. They are there to review the legal issues, not retry the case. Venting about how wronged you were or how incompetent the lower court judge was will not help persuade the appeals court. Keep the focus on the legal errors in the lower court’s reasoning.

Mistake #4: Making New Factual Arguments Not Raised Below

Appeals are usually limited to the factual record developed in the lower court proceeding. You generally can’t introduce new evidence or make arguments about the facts that weren’t first made to the lower court. The appeals court will ignore new factual claims not already in the record. Make sure your appeal brief sticks to pointing out errors in how the lower court applied the law to the facts already in the record.

Mistake #5: Submitting a Disorganized or Unprofessional Brief

First impressions matter, so submit a polished, professional brief. Use clear section headings and topic sentences to make your arguments easy to follow. Stick to the key legal errors – don’t overwhelm the court with trivial details or repetitive arguments. Proofread thoroughly and fix any typos, formatting errors, or citation mistakes. The appeals court will take your arguments more seriously if your brief is well-organized, concise and error-free.

Avoiding these common missteps will help set your appeal up for success. But the process can still feel daunting. Consider consulting an attorney experienced in federal appeals if you want guidance tailored to the specifics of your case. Wishing you the best of luck!

Citations

Federal Rules of Appellate Procedure

U.S. Court of Appeals for the Ninth Circuit: Top 10 Tips for Appellate Brief Writing

20 Tips for Appealing to the Fifth Circuit