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Key Facts
- Federal level: The United States courts of appeals review federal district-court decisions and certain federal agency decisions.
- Federal level: The federal appellate system has 12 regional circuits and one specialized Federal Circuit.
- Federal level: Courts of appeals examine the existing record for legal or procedural error rather than retrying cases or receiving new evidence.
- Federal level: Section 1291 generally gives the regional courts jurisdiction over final district-court decisions, while Section 1292 covers specified interlocutory decisions.
- Federal level: Appellate cases are normally heard by three-judge panels, and a majority of that panel is a quorum.
- Federal level: The Federal Circuit has nationwide jurisdiction over specialized subjects identified by Congress.
A United States court of appeals is a federal appellate court. Its central task is to review an earlier proceeding and determine whether the law was applied correctly and the process was fair.
That role differs from a federal district court, which is a trial court. Appellate judges ordinarily do not hear witnesses, receive new evidence, or use a jury.
Thirteen courts form the federal appellate system
Congress has organized the states and territories into 12 regional judicial circuits. Each regional circuit has a court of appeals that reviews cases from the federal district courts located within its boundaries.
A thirteenth appellate court, the United States Court of Appeals for the Federal Circuit, is organized by subject matter rather than geography. It has nationwide jurisdiction over specialized categories, including many patent cases and appeals from the United States Court of Federal Claims and United States Court of International Trade.
The District of Columbia Circuit is one of the 12 regional circuits, even though its territory is not a state. Circuit boundaries determine the regional court that normally reviews a particular federal district court.
Jurisdiction comes from federal statutes
For regional courts of appeals, 28 U.S.C. § 1291 generally supplies jurisdiction over final decisions of federal district courts, subject to statutory exceptions.
Not every appeal waits until the entire case ends. Section 1292 authorizes appeals from specified interlocutory decisions, including certain injunction orders, and provides a certification route for some controlling legal questions.
The Federal Circuit’s jurisdiction follows a different statutory map. Section 1295 identifies specialized sources of appeals, including specified patent-related district-court cases and decisions from named federal tribunals and agencies.
Panels decide most appeals
Federal law provides that courts of appeals hear and determine cases in panels of no more than three judges unless an en banc hearing or rehearing is ordered. A majority of the authorized panel constitutes a quorum.
An en banc court uses the eligible active judges of the circuit rather than the original three-judge panel alone. Federal Rule of Appellate Procedure 40 states that en banc rehearing is not favored and ordinarily addresses a conflict in circuit precedent or a question of exceptional importance.
A decision may affirm the result below, reverse it, or send the matter back for further proceedings.
Most federal appellate decisions end without Supreme Court review
Federal courts of appeals collectively handle more than 50,000 matters each year. Ten percent or fewer of their decisions are appealed to the United States Supreme Court, which hears oral argument in fewer than 100 cases annually.
The court of appeals is therefore the final federal appellate tribunal in most cases.
Federal and state appellate courts are separate systems
This article describes the federal courts of appeals. It does not establish any state court’s jurisdiction, deadlines, preservation rules, or briefing procedure.
A related overview of federal circuit court cases provides additional context about the regional circuits and the Federal Circuit.
Sources
- U.S. Courts overview of the federal courts of appeals
- 28 U.S.C. § 41 on the number and composition of circuits
- 28 U.S.C. § 46 on panels, hearings, and quorums
- 28 U.S.C. § 1291 on final district-court decisions
- 28 U.S.C. § 1292 on interlocutory decisions
- 28 U.S.C. § 1295 on Federal Circuit jurisdiction
- 28 U.S.C. § 2106 on appellate dispositions
- Federal Rule of Appellate Procedure 40 on panel and en banc rehearing
