Appeals An appeal is the phase of a lawsuit in which appellate courts review trial court judgments. Appellate review performs several functions, including: the correction of errors of law or legal interpretations committed by the trial court, development of the law and precedent to be followed and anticipated in future disputes, and the pursuit of justice. In reviewing errors of the lower court, the errors focused on are usually of a legal nature, and appellate courts will usually not disturb factual findings.

Several issues are foremost in consideration of appeals, such as what judgments are appealable, how appeals are brought before the court, what will be required for a reversal of the lower court (e.g., a showing of "abuse of discretion," "clear error," etc.), and what procedures must be followed.

Arguments upon appeal are made mainly through written briefs, which present the questions on appeal and cite the legal authorities and evidence from the trial court which support or refute the arguments at issue in each party's position.

Once the briefing is completed, a hearing is held where the lawyers for the parties are allowed to argue their case to the appeal panel, usually composed of 3 judges called “Justices”, and to answer questions from the Justices about the case. Ordinarily, oral arguments are subject to a time limit extended only upon the discretion of the court.

Statistically, most cases are upheld on appeal, which means only a small fraction of cases are reversed or otherwise modified by the appellate courts.

Winsten Law Group has ample successful experience in handling and defending civil appeals and the procedural issues that arise in connection with appeals.

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