When a case concludes, one party may feel the verdict was unfair. In such instances, the law allows the dissatisfied party to seek review from a higher court through the civil appeals process. The appellate court’s role is to examine whether legal errors occurred in the trial court’s ruling. The goal is either to uphold or overturn the lower court’s decision. Unlike a trial, an appeal does not involve a jury; instead, a panel of three judges reviews the case.
How to File an Appeal
If you decide to appeal a civil court decision, follow these essential steps:
1. Retain an Attorney
Even if you represented yourself in the trial court, an appeal requires legal expertise. The appellate process is more complex than trial court proceedings, and hiring an attorney familiar with appeals increases your chances of success.
2. Identify the Correct Court
Appellate courts have jurisdiction over specific trial courts within designated districts. Filing your appeal in the correct appellate court is crucial. You can determine the appropriate court by checking the official court system website.
3. Understand Appellate Rules
Every appellate court follows specific rules and procedures. Obtain a copy of the civil procedure rules online and review them to understand filing deadlines, document requirements, and other procedural mandates.
4. File a Notice of Appeal
This document informs both the court and the opposing party of your intent to appeal. It does not need to include detailed reasons for the appeal. In most cases, the court clerk can provide a standard form for this purpose. Once completed, submit it to the appropriate appellate court, either online or in person, depending on the court’s requirements.
5. Obtain the Trial Transcript
A trial transcript is a word-for-word record of everything said during the trial. You must request this document from the court reporter, as it is a critical component of the appeal. One copy must be provided to the appellate court.
6. Prepare and Submit the Appellate Brief
The appellate brief outlines the legal errors made by the trial court. It should be well-organized, clearly arguing why the trial court’s ruling should be overturned. However, new evidence or facts not introduced during the trial cannot be added.
Seeking Legal Assistance
Navigating the civil appeals process can be overwhelming, but legal guidance can make a significant difference. At the Lawyer Referral Service of Central Texas (LRS), we can connect you with an experienced civil appeals attorney in the Austin area. Our dedicated team will listen to your concerns and help you find a qualified Texas lawyer to guide you through the appeals process.
Contact us today to check attorney availability for your case or other legal matters.
