- Effects of Cyberbullying: Complete Guide for Parents
- What is the DPPA?
- Petty Theft: Definition and Consequences
- What is a Life Sentence?
- How to Find Out if Someone Has a Warrant?
- Marriage License vs Certificate: Everything You Need to Know
- The Ten Most Popular Celebrity Mugshots
- How to Find Out if Someone is Married?
- How to Stop Phone Spoofing?
- How To Avoid Probate
- Dealing with abandoned vehicles in your neighborhood
- How to Find Someone's Cell Phone Number by Their Name
- Who Are the Worst Drivers in America?
- How To Find Unclaimed Money From Deceased Relatives
- What is a Digital License Plate?
- How to Find out if Someone Died?
- Murder vs Manslaughter: The Differences and Definitions
- How to Hire a Private Investigator?
- What Is a Number Neighbor?
- How to Find Out if Someone was Arrested
- How to Find Someone's Birthday?
- What is a Car Title
- How to Obtain a Police Report and Court Records?
- Filing a false police report
- Prison Valley: Look inside Prison Town
- How to Get Custody of a Child Without Going to Court?
- How to Find Someone’s Social Media Profiles?
- What to Do if Your Phone Is Tapped?
- What Is a Deed in Real Estate?
- Where Was The First US Federal Penitentiary Established?
- How to Find Someone's Location Using Their Cell Phone Number?
- What Is a Restricted Call?
- Who is the Most Dangerous Prisoner in the World?
- Poshmark Scams: How to Prevent and Report Them
- How to Find a Missing Person?
- How to Send Money to a Federal Inmate?
- DUI vs DWI: What're The Differences
- How Long After Buying a Car Do You Need to Register it?
- How to Find out Where Someone Lives?
- What Happens If You Get Caught Driving a Car Without Interlock
- Situational Crime Prevention: Theory, Techniques and Examples
- How Can I Find Out Who Called Me for Free?
- Gun Free Zone Statistics and Facts
- Online Threats and Digital Security: Trends, Types and Most Common Examples
- Cold Cases Guide for Police Officers and Investigators
- Court Order: Meaning, Types and Examples
- What Does a Fingerprint Background Report Show?
- How to Check Your Criminal Record?
- What is Tort Law?
- How to Calculate Child Support
- Property Rights: Definition, and Characteristics
- 12 Common Uses of Public Records
- US Antitrust Law
- Virginia Gun Confiscation Law
- How Do You Find Out Who Own a Property?
- Neighborhood Watch Program
- How to Perform a Mugshot Search?
- Crime Mapping
- Safest Colleges in Florida
- Veterans Guide to Cars and Driving
- U.S. Correctional System: Structure, Incarceration and Facts
- License Plate Laws in the US
- How to Locate Inmates and Access Jail Records?
- Email Hacking: Laws, Penalties and Protection
- Romeo and Juliet Laws
- Holiday Safety for Home and Family
- Differences between Criminal and Arrest Records
- Public Records and Property History: What is Public Information and What Isn’t
- How to Look up an Immigration Detainee?
- Famous Prisons in the USA
- How to Find Out Who Owns a Vehicle Using Reverse Lookup Tools
- How to Search for Your Family Tree?
- The Federal Judicial Center
- Mass Incarceration in the USA
- What is COPPA (Children's Online Privacy Protection Act)?
- Data Safety After The Capital One Breach
- Scholarships Guide for Students
- Complete Guide to Student Safety
- What Is a Vehicle Identification Number?
- Determining Divorce: 5 Types of Divorce You Must Know
- Sex Offenders: Complete Guide to be Protected
- New Privacy Laws and Public Records
- Motor Vehicle Registration in the US
- Digital Token Age: Security Laws and Regulations
- Copyright Law and Facial Recognition Technology
- What Shows up in a Background Report
- Car Repossession Laws: Dealing with Car Dealers and Auto Fraud
- How to Protect Yourself from Phone Scams
- Human Rights in the Prison
- Business Competition: Laws and Policies
- Hate Crimes: Reasons, Stats and Facts
- Starting a Business and Business Licenses
- General Data Protection Regulation (GDPR) Guidance
- Criminal Justice Reform
- Tax Reform Impact and Changes To Know
- Self-Driving Cars: Laws and Regulations
- White-Collar Crime: Statistics and Facts
- Have You Been Arrested? Cases You'll Need a Lawyer
- Getting a driver's license in the US: What to Know
- Car Theft in the US: Prevention and Facts
- Identity Theft Passport Program
- Changing your Name after Marriage: What You Need to Know
- Finding the Perfect Roommate: Dos and Donts
- What if You Get Into a Car Accident? A Complete Checklist
- Property Crimes: How to Burglar Proof Your Home
- Consumer Laws in the US: What Do They Mean for a Customer and a Business Owner
- Child Trafficking: The Scope, Understanding, and Prevention
- Business Assets: A Guide to the Financial Health of your Business
- Guide To The College Application: How, When and Where to Apply
- Which States Have “Stand Your Ground” Laws?
- Adolescent Depression Symptoms and Causes
- Things to Know About the U.S. State Department Travel Advisory System
- Inheritance in the US: With & Without a Will
- Online Dating Safety Guide for Men and Women
- Sexual Abuse in the U.S.: Laws and Statistics
- Supporting Children After Divorce: Child Custody Options
- Halloween Horrors Come to Life: Holidays Crimes in the U.S.
- Charity Scams in the U.S.: Be Aware and Protected
- Webcam Hacking & Spying in the US
- Sex Offender Search
- Freedom of Religion in the U.S.
- Senior Financial Scams: How are the Elderly Targeted and How to Avoid It
- Catcalling: Is it illegal? How to Deal With It
- A Complete Guide To Insurance Fraud: Common Types and Prevention
- Sextortion: What to Do if You Became a Victim of Blackmailing
- Concealed Carry: How to Protect Yourself on Campus
- Debt Collection Laws | Fair Debt Collection Act: What You Need To Know
- How Much Is My House Worth? Ultimate Guide to Home Buying and Selling
- What are the Traits of a Sociopath?
- Do You Know Who Your Neighbors Are?
- Learn How to Find Your Birth Parents
- The Importance of Public Records in Law
- Do You Know What's the Difference Between Jail and Prison?
- Homeowner’s Insurance, Is it a Public Record?
- The Disturbing Facts of Gun Violence in America
- How to Use Public Records in Marketing
- Best & Worst Cities for Driving
- LGBT Bullying
- What You Need to Know When Buying or Selling a Used Car?
- School Safety and Security Standards
- Guide to Making Your DMV Experience Hassle Free
- How to Prepare For an Active Shooter Incident
- How to Report a Crime?
- How to Protect Yourself Against Cyber Attacks
- 50 Things to Know When Filing for Divorce
- What to Do When You Are Stopped By the Police
- Tips for Back-to-School Safety and Security
- Guide to Filing for Bankruptcy
- How to Appeal the Court's Decision
- A User's Guide to Warrants
- How to Fight a Traffic Ticket?
- Keeping Your Neighborhood Safe For Your Family
- A Parent's Guide to Keeping Your Child Drug-Free
Appealing Court's Decision
Have you ever wondered how the appeals process works? If you have never been involved in a trial or court case, you may not be aware of the process. Below we have outlined the steps you need to take if you want to appeal a decision in a U.S. court of law.
Notice of Appeal
Once you have received the final judgment for your district court case, the first step in just about every state is to file a notice of appeal. Filing a notice of appeal has to be done according to the state guidelines, and some states require you to file with the district court where your case was held. Other states require that you file with appellate court directly. The time limit imposed on filing varies from state to state. You will want to contact the courthouse in your jurisdiction for all the details so that you file on time and correctly. If you miss this step, you may lose your right to appeal.
Each state's notice of appeal collects particular information including but not limited to:
- Your name and address.
- The name, address and phone number of all parties, including attorneys.
- Case number and docket number.
- Court where your case was held and the justice that presided.
- The errors you are bringing to light and want to be corrected.
- Usually, there is a fee when you file the notice of appeal; this fee varies by state.
Sometimes you are responsible for making sure all other parties receive a copy of your notice of appeal and sometimes the court takes care of this piece. Be sure to check if it is your responsibility.
In most cases, you will want or need to request a copy of the transcript of your original court case. There are usually fees associated with this, and sometimes you have to pay a bond up front. The courthouse has forms for requesting this transcript, and once that is done, they will take over and make sure it is sent to the appellate court clerk.
Record on Appeal
Once you have filed your notice of appeal and requested the transcript, the court of appeals clerk will gather together all the pertinent documentation and collect briefs and other notes for the judges to review. This "record on appeal" will be your entire appeal.
The next step is you or your attorney must prepare a detailed brief, which outlines the issues of the original case, cites examples from other cases and then requests how you want the court to handle the errors. There are stringent guidelines about formatting, paper color, style, font size and content inclusion for each type of brief. The general contents however include:
- Table of contents.
- Table of authorities (other related cases).
- Statement of facts.
- State of the issues.
- Arguments with references to case documents or precedent cases.
- Appendix with attachments of relevant, supporting documents.
The appellant and appellee's briefs must be submitted within a specific number of days following the notice of appeal. Then the appellant has the option of filing a reply brief as well in some states. Check with your state courthouse for the timing details.
In some states, you are also allowed to request or on occasion you will be required to prepare an oral presentation. You are given a short window of time ranging from ten minutes to thirty to present your case. These oral arguments can help to support your argument by stating complex ideas difficult to convey through the brief process.
After all the paperwork has been collected, and the oral arguments presented, a panel of three judges will review everything and decide the case. Only two of the three judges need to agree on a final decision. They may decide to uphold the original verdict, overturn (or reverse) it or remand the case back to the district court for another trial.
Once the judges have come to a decision, called the "final opinion" they will publish it in writing. You will receive notice in the mail or electronically. Sometimes, you can look at these decisions up online.
It can take the panel of judges anywhere from a few days to months to come to a decision, based on the complexity of the case.
If you are still not happy with the court's decision once your appeal process is final, you can appeal your appeal by petitioning for the case to be reviewed again. If you want to go higher, you can also request it be taken to the Supreme Court.