Legal Document Preparation Class 14 Slide 1

Parties to an Appeal

• The appellate court is the court to which a case can be appealed to. Examples are circuit courts and the federal and state Supreme Courts.

• Appellant: Person who lost the lower court case and is appealing the case– Also sometimes called the Petitioner

• Appellee: Person who won the lower court case and is defending against the appeal– Also sometimes called the Respondent

• Amicus Curaie (“friend of the court”)– Third party who files a brief asking the court to rule one

way or the other

Legal Document Preparation Class 14 Slide 2

Appellate Process• After the lower court decision or verdict, the party must

file a “notice of appeal” with the appellate court and send a copy to the appellee. This should contains:– The identity of both parties– The court from which it’s being appealed– The judgment that is being appealed

• Appeals are generally only based on facts that are part of the record below. This includes:– Transcripts of the proceedings– Exhibits– Motions and briefs– Decisions and rulings from the lower court

Legal Document Preparation Class 14 Slide 3

Appellate Process 2• If a party wants to bring up newly discovered evidence, it

generally has to first move for a new trial in the lower court and then appeal that decision if it’s denied– That way, it will be part of the appealable record

• Keep in mind that appeals generally must be on the basis of material error (e.g., error that is not harmless)

• Standards of review on appeal– Abuse of discretion

– De Novo

• To be appealed, a decision must have been objected to at the time during the lower court proceeding.

Legal Document Preparation Class 14 Slide 4

Parts of an Appellate Brief

• Cover Page• Table of Contents• Table of Authorities (e.g., cases, statutes, etc.)• State of why the appellate court had jurisdiction• Question presented• Summary of the facts that led to the case and appeal• Argument

– Divided by each appealable issue

• Relief sought• Appendix (lower court pleadings, exhibits, etc.)

Legal Document Preparation Class 14 Slide 5

Appellate Brief Components 1

• The cover of the brief should contain:– Name of the court

– Names of the parties

– Case/ docket number

– Name of the lower court

– Attorneys who worked on the brief

• Table of Contents– This should list and state all headings for each section of

the brief and their page numbers

Legal Document Preparation Class 14 Slide 6

Appellate Brief Components 2

• Table of Authorities– This should include anything cited and should be

separated by category (cases, statutes, treatises, etc.)

– Cases should be listed alphabetically

– Statutes should be listed in order of appearance in the brief

• The question presented should encapsulate all of the issues relevant to the appeal. – It should generally be factual (this is no place for

argument), but it can and should be phrased in a light that is favorable to your client’s position.

Legal Document Preparation Class 14 Slide 7

Appellate Brief Components 3

• The Argument– Separate the arguments by issue and within each issue,,

by components of that issue, etc.

– Be as “brief” as possible

– Use authorities for every statement you make!

• At the end of the argument, a conclusion/ relief sought should be included– E.g., “Therefore, the judgment of the lower court should be

reversed and remanded with instructions to issue a directed verdict in favor of the defendant.”

• Certain motions can also be filed during an appeal.