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A motion to appeal is a request to have a court overturn a decision. It is not for new evidence, but to check for legal errors. Both parties can file an appeal, and it is helpful to have a lawyer.
A motion to appeal is a formal request to have a court overturn another court’s decision or judgment. For example, if a person has been ordered to pay a fine to the plaintiff in a lawsuit, the plaintiff may file an appeal in the hope that the decision will be overturned. How appeals are handled may depend on the type of case and the jurisdiction in which it is heard. In most cases, however, appellate cases are decided in a higher court.
Typically, the verdict rendered by a jury or the judgment rendered by a judge is final. Many jurisdictions, however, have processes through which a party can request an appeal. When a person files a motion to appeal, he asks a higher authority to review the case. This may include requesting a review not only of the original court decision, but also of the procedures followed during the case.
People sometimes confuse this type of movement with requests for new evidence. They may also think of appeals as an opportunity for a party to a case to bring new evidence to court. In most jurisdictions, this is not the purpose of the appeals process. Instead, an appeal is a process by which a higher court or higher authority checks whether the lower authority made legal errors in the case.
Usually, each party to a case has the right to file a motion to appeal. In fact, it is possible for both parties to file a motion at the same time. For example, if a plaintiff believes he has grounds to appeal, he can file one. At the same time, however, the defendant may feel that he has cause to appeal on an entirely different ground. In some cases, appeals from both parties may be accepted; in others, one party may prevail or both claims may be denied.
Generally, it is helpful to seek the assistance of a lawyer when filing an appeal. Attorneys have in-depth legal knowledge of the appeals process and may be able to provide information on whether or not there are grounds to appeal. They are also familiar with filing appeal motions and other paperwork that the average person may find complex. In some cases, however, courts provide self-help forms and instructions, often online, which can make it easier for a person to file a motion to appeal on their own.
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