Civil Litigation-Appeal
If either party feels as though he or she has not been dealt with fairly by the trial court, either has a right to appeal that decision to the next highest court within that state’s court system. Although each party has a right to appeal, the court may be a court of discretionary appeal, and may decide not to hear the case. (The particular structure of the different appellate courts has been previously discussed. See Chapter 4.)
An appeal is a very laborious process. In order to properly present an appeal, the transcript of the trial proceeding may have to be prepared. That transcript is prepared by a court reporter. The court reporter expects to be paid for the preparation of a transcript. The preparation of a transcript frequently costs several thousands of dollars. In addition, the party bringing the appeal has to present a legal argument (in the form of a brief or memorandum) to the appellate court stating why the trial court’s decision is in error.
The parties are not allowed to present new evidence on appeal. Instead, they are bound by the record created at the trial court level. Anything that was not properly presented or properly objected to at the trial court level is not going to be considered on appeal. An appeal is not an opportunity to re-try the case. It is simply an opportunity to request a higher court to review and correct an error made by the trial court. If a reversible error is found, the case is sent back to the trial court for a new trial or, in some instances, the appellate court reverses the trial court’s decision and enters a new judgment.
