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WHAT IS AN APPEAL?
An appeal is a review of what happened in a court or administrative proceeding. The purpose of the appeal is to determine whether errors occurred which affected the rights of one of the parties, and whether that party would be entitled to relief. An appeal is not a new trial. You cannot present evidence, call witnesses or conduct discovery in an appeal. The court of appeals decides an appeal strictly on the basis of the circuit court record, briefs and occasionally oral argument by the parties.
WHEN CAN YOU APPEAL?
Generally speaking, you have a right to appeal from any final judgment or final order. (There are exceptions for certain orders entered before a final judgment. A judgment or order is final if it disposes of the entire matter in litigation as to one or more of the parties. If the order or judgment decides only some of the issues or claims but not all, it is not final. However, if it decides all of the issues as to one party, it is final as to that party and appealable only by or against that party.
Appeals rights exist in most proceedings, including Civil and Criminal cases. Decisions involving family and child custody issues are appealable, and may be “fast-tracked.”
TIME LIMITS FOR APPEAL
The filing of a timely notice of appeal is necessary to give the court of appeals jurisdiction. The time limits depend on the type of case being appealed. An appeal must be filed no later than 30 days after the date that written notice of entry of the judgment or order appealed from is entered (criminal) or served (civil).
THE DECISION PROCESS
Once briefs have been filed by both sides to the appeal, the case will be submitted to the court for decision. Because of the large number of cases filed in the court of appeals, the court cannot schedule oral argument in every case. In the majority of cases, the appeal will be decided upon review and consideration of the briefs and record alone, without an oral hearing before the judges. The justices who consider your appeal will prepare a written opinion or order explaining the court’s final decision. |
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