Federal Appeals

Your Appeal

If a court rules against you, it does not mean that you must concede defeat. After a trial in federal or state court, you can appeal the decision by a civil or criminal court. As a legal term, to ‘appeal’ means to ask a court with higher authority to review the decision of the court that ruled against you. In some cases, the appeals court affirms the decision by the trial court. In other instances, the appeals court reverses the trial court’s decision; it might also remand the case for a new trial.

How to Appeal

You should not take the decision to appeal a judgment lightly. It requires you to bring your case before a judge again, as well as presenting arguments that contradict not only what the other party in your case said but also what the trial court decided. When you meet with a lawyer about filing and appeal, your lawyer will be realistic with you about the efforts involved and your chances of winning. These are the types of appeals:

• Criminal
• Civil

To file an appeal, you must hire an attorney who works on appeal cases. Your attorney will then file a notice of appeal, prepare the record on appeal, and then research and write your appellate brief. Then your federal appeals lawyer will present oral arguments before the appeals court. If you win your case, the appeals court will reverse the trial court’s judgment. If not, the appeals court will affirm the trial court’s judgment.

The Ninth Circuit

The United States Court of Appeals for the Ninth Circuit has jurisdiction to rule on appeals arising from federal cases filed in the westernmost part of the United States. It hears federal cases from California, Washington, Oregon, Arizona, Idaho, Montana, Alaska, Hawaii, Guam, the Northern Mariana Islands, and American Samoa. The headquarters of the Ninth Circuit are in San Francisco, and it is the largest district; it has 29 active judgeships.

• Federal
• Appellate

The appeals court’s decision is usually the final decision. If it reverses the trial court’s ruling, it may remand the case to the trial court to work out some details. If you lose your case on appeal, but you do not want to give up, you can ask the Supreme Court to hear your case. You do this by filing a petition for a writ of certiorari, which is a formal request for the Supreme Court to hear your case. All of this takes a lot of research and expertise.