When and How to Appeal Civil Court Decisions

If you’ve received what you believe to be an unfavorable ruling in your civil case, you’re probably wondering what your options are moving forward. And in most cases, an appeal is the next consideration. However, whether or not you should pursue one – and how to do it – are factors you have to think about.

Understanding What Appeals Actually Are

You need to start with a clear understanding of what an appellate court does and doesn’t do. Appeals courts don’t retry your case or reconsider the facts. They don’t hear new evidence or listen to witness testimony. Instead, they review the trial court’s legal decisions to determine whether errors occurred that affected the outcome of your case.

This distinction is crucial. If you simply disagree with how the jury weighed the evidence or think the judge should have believed your witnesses over the other side’s witnesses, you generally don’t have grounds for appeal. Appellate courts give great deference to trial courts on factual determinations. The fact that you don’t like the result, no matter how strongly you feel about it, isn’t enough.

Successful appeals typically involve legal errors. For example:

• The judge incorrectly applied the law
• The judge admitted evidence that should have been excluded
• The judge gave improper jury instructions
• The court made procedural mistakes that prevented you from getting a fair trial. 

You need to identify specific, reversible errors that materially impacted the outcome, not just argue that the decision was wrong. Doing so can be challenging in many situations.

Recognizing Valid Grounds for Appeal

Certain types of errors create stronger grounds for appeal than others. If the trial judge misapplied the law or used the wrong legal standard in making decisions, you have a solid basis for appeal. Legal questions are reviewed “de novo,” meaning the appellate court doesn’t defer to the trial court’s judgment and will independently determine what the law requires.

Evidentiary rulings that significantly impacted your case can also support an appeal. If critical evidence was improperly excluded or prejudicial evidence was wrongly admitted, and you can show this affected the outcome, you may have grounds for reversal. However, not every evidentiary ruling rises to this level. The error has to have been both incorrect and consequential.

Acting Within Critical Deadlines

Time is absolutely critical in the appeals process. 

“In the federal court system of the United States, anyone who has grounds for appeal is entitled to appeal a judgment,” The Law Offices of Seth Kretzer explains. “However, keep in mind that the time window for filing an appeal is very short. Federal Courts require a Notice of Appeal to be filed within 30 days after the trial judge signs the judgment unless a Motion for New Trial was filed. If a Motion for New Trial was filed, the Appellant (the party filing the appeal) has 90 days to file a Notice of Appeal.”

State courts have their own deadlines, which vary by jurisdiction but are usually just as strict. Some states allow 30 days, others 60 or 90 days. Missing these deadlines is almost always a death blow to your appeal, as courts rarely grant extensions.

You can’t afford to spend weeks deciding whether to appeal. As soon as you receive an unfavorable judgment, you need to consult with an appellate attorney who can evaluate your case and ensure any necessary notices are filed within the deadline. Even if you ultimately decide not to pursue the appeal, filing a timely notice preserves your rights while you make that decision.

Evaluating the Costs and Benefits

Appeals are expensive, time-consuming, and emotionally draining. You need to carefully weigh whether the potential benefits justify the costs. Consider the likelihood of success based on the specific errors you can identify. Be honest about whether you’re appealing because you have strong legal grounds or because you’re simply unwilling to accept an unfavorable outcome.

You’ll also want to calculate the financial costs beyond just attorney fees. You’ll need to pay for transcripts of the trial proceedings, which can cost thousands of dollars for a lengthy trial. There are filing fees, costs for preparing appellate briefs, and oral argument preparation. The entire process typically takes a year or more, during which you’re investing additional money with no guarantee of return.

Make sure you consider what happens if you win the appeal. Often, winning on appeal doesn’t mean you’ve won your case – it just means you get a new trial where you’ll have to litigate the same issues again. You’re facing additional trial costs on top of what you’ve already spent on the appeal. Sometimes settlement becomes more attractive after winning an appeal, but there’s no guarantee.

Making Your Decision

Not every unfavorable decision should be appealed. Sometimes the better choice is accepting the outcome, moving forward, and putting your resources toward other priorities rather than prolonging litigation. Sometimes, though, actual errors occurred, and it is in your best interests to appeal. But whatever you do, be sure you’re making the decision based on the actual factors that matter most.