An appeal asks a higher court to review a lower court's decision. It is not a new trial. Appeals have short deadlines and strict rules, so act quickly.
What an appeal is
Appeals courts generally review whether the lower court made legal errors, not whether they would decide the facts differently. You must usually show an error that affected the outcome.
Key steps
- Check the deadline, often 30 days after the final judgment but shorter or longer in some courts.
- File a notice of appeal and pay the filing fee, or ask for a fee waiver.
- Obtain the record, including transcripts.
- Write a brief explaining the errors, with legal authority.
- Respond to the other side's brief.
- Possibly present oral argument.
Small claims appeals
Some small claims decisions can be appealed for a new trial in a higher court, and in some states only the defendant can appeal. Rules vary widely, so check your court's instructions.
Realistic outcomes
Many appeals do not succeed because the standard of review favors the lower court. A lawyer experienced in appeals can assess your chances. Even a successful appeal may send the case back for further proceedings.
Frequently asked questions
Do I have to pay while the appeal is pending?
It depends. You may need to post a bond to stop collection.
Can I introduce new evidence?
Generally not, since the appeal is based on the existing record.