Appeals Court News & Legal Analysis

Deadlines for filing a notice of appeal are strict and vary by jurisdiction and case type. In federal civil cases, the deadline is typically 30 days from entry of judgment. In state courts, deadlines range from 30 to 90 days. Missing the deadline almost always means losing the right to appeal entirely.

Appeals are difficult. Appellate courts affirm lower court decisions in the majority of cases. The standard of review matters significantly: factual findings are reviewed deferentially, while legal questions are reviewed de novo. Cases with clear legal errors or constitutional violations have better prospects than those challenging factual determinations.

Yes. Both sides generally have the right to appeal. In a civil case, a defendant who loses at trial can appeal the verdict, and a plaintiff who wins can appeal aspects of the judgment they believe were wrongly decided, such as a damage award they consider too low.

An en banc hearing occurs when an entire appellate court, rather than the standard three-judge panel, hears a case. En banc review is rare and typically reserved for cases involving important legal questions or where different panels of the same court have reached conflicting decisions.

Depending on the grounds for reversal, the appellate court may enter judgment in your favor directly, or it may remand the case to the trial court for a new trial or further proceedings. A successful appeal does not always mean the case is over.