Parties in the US have the right to appeal unfavorable decisions. Federal rules of appellate procedure govern federal appeals, while state courts decide their own rules. Deadlines and procedures must be strictly followed, or the right to appeal may be lost. A notice of appeal must be filed, and an appeal bond may be ordered. Appeals are not a retrial, but a review of the district court record for harmful errors. The appellate court judges make a decision based on the record, briefs, and sometimes oral arguments.
In the United States, parties to civil and criminal cases have the right to appeal unfavorable decisions or verdicts. State court systems decide their own rules of appellate procedure, while federal rules of appellate procedure govern federal appeals. While somewhat different, the federal rules of appellate procedure are essentially the same for both civil and criminal cases. The deadlines, notice and procedures must be strictly adhered to or the appellant may lose the right to appeal.
According to the Federal Rules of Appellate Procedure, in a civil case, the appellant must file an appeal within 30 days of the entry of the judgment. In a criminal case, the defendant’s notice of appeal must be filed within 14 days of the ruling being issued or the government filing of the notice of appeal. If the government appeals in a criminal case, after entry of the sentence or filing by the defendant, the notice of appeal must be filed within 30 days. In some cases, a request for an extension of time or a request for permission to file a late notice may be granted by the court; however, the rules on timely appeals are very strict and failure to file within the stipulated time limit can cause one party to lose the right to appeal altogether.
The appropriate document that must be presented to appeal a civil or criminal suit in a federal appeals court is a Notice of Appeals. The notice of appeal essentially informs the judge that a party intends to appeal the judgment. The notice of appeal is filed with the court that issued the sentence.
Once the notice of appeal has been filed, the judge may order the posting of an appeal bond by the appellant party. Under the Federal Rules of Appeal Procedure, a judge may order an appellate obligation to ensure payment of the appeal costs. Aside from any mandatory filing fees, the costs of transcription of an appeal record can be expensive and the court wants to be sure that the appellant party has the funds to cover the costs.
The report must then be sent to the appellate court. Appeals are not an opportunity for a retrial. An appellate court simply examines the district court record to determine whether the court made harmful errors that would have affected the outcome of the case. As such, the appellate court needs the entire record of the district court case. The parties may also submit briefs in support of their argument on appeal. Based on the record, briefs, and sometimes oral arguments, the appellate court judges will make a decision on the case.
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