Clarifying the Appeals Process: 6 Basic Questions Answered

appeals process questions

When a court decision doesn’t go your way, it can be very disappointing and confusing. You might feel like justice wasn’t served and wonder what you can do next. The appeals process can be complex, so understanding the basics is important. The following are some of the most common questions people have about appealing a court’s decision.

What is an appeal, and how is it different from a trial?

An appeal isn’t a retrial. Rather, it’s a review of the lower court’s decision by a higher court. Instead of presenting new evidence or witnesses, the appeal focuses on whether the lower court made legal errors that significantly impacted the outcome. This could include mistakes in applying the law, procedural errors, or improper rulings on evidence.

What circumstances would allow me to file an appeal?

You cannot file an appeal just because you don’t like the original ruling. Successful appeals typically rely on proving that the lower court committed a legal error. Common grounds for an appeal include:

  • Legal Errors – These include misapplications of the law during a trial. For example, the judge may have misinterpreted or incorrectly applied the law, ignored important legal arguments or failed to consider significant evidence.
  • Procedural Errors – Mistakes that occur during proceedings can result in an unfair trial and might include improper admission or exclusion of evidence, due process violations or errors in jury instructions.
  • Inadequate Representation – A defendant has a right to effective representation, so if they feel that their attorney failed to provide that, they might be allowed a new trial with a new opportunity to be properly represented.
  • Unreasonable Verdict – If the judge made a decision that was unreasonable or arbitrary, meaning it was not supported by the evidence presented by both parties, it can be grounds for an appeal.
  • Miscarriage of Justice – This means that the outcome of the trial was unfair, such as a person being convicted and punished for a crime they did not commit. These wrongful convictions can occur because of judicial bias, false testimony or other improper behavior during the proceedings.

How long do I have to file an appeal?

The appeals process has strict rules that must be adhered to. Deadlines for filing an appeal vary depending on the jurisdiction and the type of case. In most cases, you must file a notice of appeal within 30 days of the final judgment. Missing this deadline can result in losing your right to appeal, so it is crucial to act quickly.

What is the appeals process like?

The appeals process generally involves:

  • Filing a notice of appeal within the prescribed deadline.
  • Ordering and preparing the trial transcript.
  • Writing and filing legal briefs that outline the legal arguments for the appeal.
  • Oral arguments before the appellate court (in some cases).
  • The appellate court issuing a written decision.

What are the possible outcomes of an appeal?

The appellate court can:

  • Affirm the lower court’s decision, meaning it agrees with the ruling.
  • Reverse the lower court’s decision, meaning it overturns the ruling.
  • Remand the case back to the lower court for further proceedings.
  • Modify the lower court’s decision, meaning it changes certain aspects of the ruling.

Is it necessary to work with an attorney for an appeal?

While you are not legally required to have an attorney to file an appeal, working with an experienced appellate lawyer significantly increases your chances of success. The appeals process is highly technical, requiring strong legal writing and in-depth knowledge of appellate law, so an attorney plays an essential role in guiding you through the process.

At Churchill, Quinn, Hamilton & Van Donselaar, Ltd., we have a vast understanding of appellate law and have represented clients in appeals to the appellate court districts for the State of Illinois, the Illinois Supreme Court, the Seventh Circuit Court of Appeals and the United States Supreme Court. When working with our team, we will:

  • Assess the merits of your appeal.
  • Identify and articulate legal errors.
  • Prepare compelling legal briefs.
  • Effectively present your case before the appellate court.
  • Ensure all deadlines and procedures are met.

 Reach out for additional information or to schedule a consultation by calling 847-223-1500.