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Key Facts
- Federal level: An appeal asks a higher court to review a lower court’s decision for legal or procedural error; it is not a new trial.
- Federal level: Federal courts of appeals generally have jurisdiction over final decisions of U.S. district courts, while only specified interlocutory orders may be reviewed before the case ends.
- Federal level: A federal appeal as of right begins by filing a notice of appeal with the district clerk within the applicable deadline.
- Federal level: The appellate record consists of the papers and exhibits filed below, any transcript, and a certified copy of the district court docket entries.
- Federal level: Briefs identify the issues, applicable standard of review, relevant facts and procedure, and the legal reasons supporting each party’s position.
- Federal level: A three-judge panel may decide that oral argument is unnecessary, and federal law authorizes an appellate court to affirm, modify, vacate, reverse, or remand a case.
An appeal is a court proceeding in which a higher court reviews a decision made by a lower court or, in some matters, a federal agency. In the federal system, the reviewing court asks whether the lower tribunal used the correct law and followed fair procedures. It ordinarily does not hear witnesses, receive a new body of evidence, or retry the dispute before a jury.
The party seeking review is the appellant. The opposing party is the appellee. Those labels describe the parties’ roles on appeal, not who originally sued or who is ultimately correct.
What can be appealed in federal court
Congress defines the jurisdiction of the federal courts of appeals. Under 28 U.S.C. § 1291, those courts generally have jurisdiction over final decisions of the U.S. district courts, subject to statutory exceptions and the specialized jurisdiction of the Federal Circuit.
Some nonfinal, or interlocutory, orders may be appealed under specific statutes or rules. Section 1292 identifies categories that include certain injunction orders and a discretionary route for an order involving a controlling question of law when the required courts permit immediate review.
A notice of appeal starts the ordinary process
Federal Rule of Appellate Procedure 3 provides that an appeal permitted as of right from a district court is taken by filing a notice of appeal with the district clerk within the time allowed by Rule 4. The notice identifies who is appealing, the judgment or appealable order, and the court to which the appeal is taken.
Deadlines vary with the kind of case and the parties. Rule 4 generally sets 30 days after entry of the judgment or order for a civil appeal, but generally allows 60 days when the United States, a federal agency, or a qualifying federal officer or employee is a party. A criminal defendant generally has 14 days, while the government’s deadline when it may appeal is generally 30 days. Timely post-judgment motions and narrow extension or reopening provisions can change how the deadline operates.
Because appellate timing depends on the precise judgment, docket entries, parties, and motions, a general description cannot determine the deadline in an individual case.
The appeal is built from the existing record
The record on appeal anchors the reviewing court’s work. Rule 10 defines it as the original papers and exhibits filed in the district court, the transcript of proceedings if one exists, and a certified copy of the docket entries. An appellant challenging a finding as unsupported by the evidence must include the transcript of the evidence relevant to that finding.
The appellate record reflects materials created below. Official federal judiciary guidance explains that courts of appeals do not retry cases, hear witnesses, or receive new evidence.
The parties then present written briefs. Rule 28 requires an appellant’s brief to address appellate jurisdiction and timeliness, identify the issues and standard of review, describe relevant facts and procedural history with record references, and explain the argument with supporting legal authority. The appellee responds, and the appellant may file a reply brief.
Briefs and oral argument lead to an appellate decision
Many federal appeals are decided by a panel of three circuit judges. Some cases are resolved on the written submissions alone. When the court holds oral argument, it is a structured discussion focused on the legal principles in dispute, not a presentation of witness testimony.
Under 28 U.S.C. § 2106, a federal appellate court may affirm, modify, vacate, set aside, or reverse a judgment, decree, or order lawfully before it for review. The statute also authorizes remand and further proceedings that are just under the circumstances.
Sources
- U.S. Courts overview of the courts of appeals
- U.S. Courts explanation of federal appeals
- 28 U.S.C. § 1291 on final decisions
- 28 U.S.C. § 1292 on interlocutory decisions
- Federal Rule of Appellate Procedure 3
- Federal Rule of Appellate Procedure 4
- Federal Rule of Appellate Procedure 10
- Federal Rule of Appellate Procedure 28
- Federal Rule of Appellate Procedure 34
- 28 U.S.C. § 2106 on appellate dispositions
