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Key Facts
- Federal level: The appellant is the party who takes the appeal; the appellee is the party responding to that appeal.
- Federal level: These labels describe appellate roles and do not always match “plaintiff” and “defendant.”
- Federal level: The appellant generally files the opening brief, the appellee files a response brief, and the appellant may file a reply brief.
- Federal level: The appellant opens and concludes oral argument under Federal Rule of Appellate Procedure 34.
- Federal level: In a cross-appeal, one party may be both appellant and cross-appellee while the other is appellee and cross-appellant.
The difference between appellant and appellee is about position in an appeal. The appellant asks the reviewing court to change a judgment or appealable order. The appellee responds and ordinarily argues that the challenged result should remain in place.
The labels do not identify who originally sued or who was originally sued. A plaintiff can become an appellee if the defendant appeals, and a defendant can become an appellant.
How the parties receive their appellate labels
Federal Rule of Appellate Procedure 3 begins with the party taking an appeal. That party files the notice of appeal and becomes the appellant in the ordinary two-party appeal.
The Third Circuit’s official definitions describe the appellant or petitioner as generally the party who lost below and filed the notice. They describe the appellee or respondent as generally the party who won below.
The word “generally” matters. A party may appeal only part of a judgment, multiple parties may appeal, and a cross-appeal can give each side two appellate labels.
Appellant vs. appellee in the briefs
The appellant’s principal brief presents the issues for review, relevant procedural and factual background, legal argument, standard of review, and precise relief sought. Federal Rule of Appellate Procedure 28 specifies those components.
The appellee’s brief follows the corresponding Rule 28 requirements, subject to listed exceptions. It responds to the appellant’s presentation and explains why the judgment should stand or why the requested appellate relief is not warranted.
The appellant may then file a reply brief addressing the appellee’s response. Further briefs require the court’s permission.
The roles during oral argument
Federal Rule of Appellate Procedure 34 provides that the appellant opens and concludes oral argument. The judges may question both sides about the law, the record, and the consequences of their positions.
Cross-appeals create paired roles
A cross-appeal occurs when another party files its own appeal in the same case. Under Rule 28.1, the party who files a notice first is the appellant for the rule’s briefing structure; if notices are filed on the same day, the plaintiff below is the appellant, unless agreement or court order changes the designation.
The first filer may then be called the appellant/cross-appellee. The other party may be called the appellee/cross-appellant. Rule 28.1 creates a four-brief sequence so each party can present a principal argument on its own appeal and respond to the other appeal.
The labels do not predict the outcome
“Appellant” does not mean the party will win, and “appellee” does not mean the lower court must be affirmed. The terms identify procedural positions while the court evaluates the issues under the governing law and standard of review.
Federal judiciary guidance explains the practical contrast: the appellant’s brief argues that the trial court made a reversible error, while the appellee’s brief defends the decision or argues that an error was not significant enough to change the outcome.
Related terms are not always interchangeable
Some review proceedings use “petitioner” and “respondent” instead of appellant and appellee. The correct label follows the type of proceeding and the governing rules.
Questions about party labels are also separate from questions about representation. A related article examines the right to effective counsel on an initial appeal.
