The process for appealing a civil judgment is as follows:
- Decision
- Review the case and judgement and discuss with your attorney if there were any legal errors made
- File a notice of appeal
- A notice of appeal is the official document that begins the appeal process. This must be filed with the trial court and must be 30 days after the judgment entry.
- Order the trial record
- The trial record becomes the foundation for the appellate review and is filled with transcripts, motions, and evidence.
- Submit written briefs
- Appellants brief: explains the legal errors made by the trial court and explains why the judgement should be reversed
- Appellees brief: the opposite side argues why the judgment should not be reversed.
- Reply brief: the appellant has the chance to reply to the appellee’s brief.
- Oral arguments
- Some appellate courts allow for oral arguments on both sides to clarify briefs
- Appellate court decision
- The appellate judge will either uphold the trial court’s decisions, reverse it, or send it back to the trial court with instructions (reprimand).
- Further appeals
- Sometimes a case is appealed to a higher court
