Definition
An appeal is a request asking a higher court to review the decision of a lower court for legal errors. The party who appeals argues that the trial court made a mistake that affected the outcome and asks the appellate court to correct it. An appeal is not a new trial: no new evidence or witnesses are presented, and the appellate court reviews only the existing record.
Legal Meaning
An appeal lets a party who lost in a trial court ask a higher court to review what happened. The party bringing the appeal is the appellant, and the opposing party is the appellee. The appeal must be taken from a final judgment in most cases, and it focuses on whether the trial court correctly applied the law—not on retrying the facts.
This is the most important feature of an appeal: it is not a do-over. Appellate courts do not hear new witnesses or accept new evidence. They review the trial record—transcripts, exhibits, and rulings—along with written briefs and sometimes oral argument. The jury's verdict and other factual findings receive strong deference, because the trial court saw the witnesses firsthand. An appellate court will not simply substitute its own view of the evidence.
How much deference the appellate court gives depends on the standard of review. Pure questions of law are reviewed de novo, with no deference at all. Factual findings are reversed only if clearly erroneous, and many discretionary trial rulings—like evidentiary calls about hearsay—are reviewed for abuse of discretion. The U.S. court system has multiple levels: trial courts, intermediate appellate courts, and a court of last resort, such as the U.S. Supreme Court or a state supreme court. State systems vary, but most follow this general structure.
Key Points
- An appeal asks a higher court to review a lower court's decision for legal error
- The appellant brings the appeal; the appellee defends the decision
- No new evidence or witnesses are allowed on appeal
- Appellate courts review the trial record, briefs, and sometimes oral argument
- The standard of review determines how much deference is given to the trial court
- Questions of law are reviewed de novo; facts get strong deference
- Appeals usually require a final judgment and have short filing deadlines
- The court can affirm, reverse, modify, or remand the case
Real-World Example
A defendant loses a civil trial after the judge allowed the jury to hear a statement the defendant argues was inadmissible hearsay. Believing this legal error changed the outcome, the defendant files a timely notice of appeal from the judgment.
On appeal, the defendant does not call new witnesses or introduce new documents. Instead, the appellate court reads the trial transcript and the parties' briefs to decide whether admitting the statement was an abuse of discretion and, if so, whether it likely affected the verdict. The court might affirm the judgment, reverse it, or remand the case for a new trial—but it will not reweigh whether the witnesses were believable, because that was the jury's role.
Standards of Review
| Standard | Applies To | Level of Deference |
|---|---|---|
| De Novo | Pure questions of law | None — reviewed fresh |
| Clearly Erroneous | A judge's factual findings | High deference |
| Substantial Evidence | Jury findings and agency facts | High deference |
| Abuse of Discretion | Discretionary trial rulings | Significant deference |
The Appellate Process
An appeal proceeds through several defined steps:
Notice of Appeal
The appellant files a notice of appeal within a short deadline—often around 30 days after the judgment in civil cases. This deadline is strict and rarely extended.
The Record and Briefs
The parties assemble the trial record and submit written briefs. The appellant's brief explains the alleged errors; the appellee's brief defends the judgment. Strong legal writing is central to an appeal.
Oral Argument and Decision
The court may hold oral argument, then issues a written opinion that affirms, reverses, modifies, or remands. A losing party may sometimes seek further review from a higher court, though courts of last resort usually choose which cases to hear.
Related Terms
Considering an Appeal?
Appeals are governed by strict deadlines and specialized rules. An appellate attorney can evaluate your options quickly.
Find a Lawyer Near YouWhen You Need a Lawyer
Appeals demand specialized skills different from those used at trial, so experienced appellate counsel is valuable. A lawyer can:
- Determine whether the judgment is final and appealable
- File the notice of appeal before the deadline expires
- Identify preserved legal errors worth raising
- Apply the correct standard of review to each issue
- Write persuasive briefs and present oral argument
To understand how trial and appeal fit within the broader system, see our guide on civil vs. criminal cases, and review costs in our guide on understanding legal fees.
Frequently Asked Questions
What is an appeal in a court case?
An appeal is a request asking a higher court to review the decision of a lower court for legal errors. The party who appeals, called the appellant, argues that the trial court made a mistake that affected the outcome. The appellate court can affirm, reverse, or send the case back, but it does not hold a new trial.
Can you present new evidence on appeal?
No. An appeal is decided on the existing trial record, including the transcripts, exhibits, and rulings. Appellate courts do not hear new witnesses or accept new evidence. Instead, they review the record and the parties' written briefs to decide whether the trial court applied the law correctly.
What is a standard of review?
A standard of review is the level of deference an appellate court gives to the trial court's decision. Pure questions of law are reviewed de novo, meaning fresh, with no deference. Factual findings are reviewed under a deferential standard and are reversed only if clearly erroneous, and many discretionary rulings are reviewed for abuse of discretion.
How long do you have to file an appeal?
Appeal deadlines are short and strictly enforced. In many civil cases the notice of appeal must be filed within about 30 days after entry of the final judgment, though the exact period varies by court system and case type. Missing the deadline usually forfeits the right to appeal, so prompt action is essential.
What can an appellate court do with a case?
An appellate court can affirm the lower court's decision, reverse it, or remand the case by sending it back for further proceedings consistent with the appellate ruling. It may also modify part of a decision. The court explains its reasoning in a written opinion, which can become binding precedent for future cases.