Course: Procedural Law
In the legal system, an appellant is a person or party who brings an appeal, which is a request for a higher court to review the decision of a lower court.
An appellant is a party that files an appeal seeking to have a lower court’s decision reversed or modified and can be either the plaintiff or defendant dissatisfied with the outcome. To initiate an appeal, the appellant must file a notice of appeal with the court, specifying the grounds for the appeal and the relief sought. The appeal process follows rules of procedure and may involve the submission of written briefs, oral arguments, and evidence to the higher court. If the higher court agrees with the appellant, it may modify or reverse the lower court’s decision or remand the case back to the lower court for further proceedings.
The appellant is the party that lost on one or more issues in the lower court and is seeking a different outcome. Appellants may be either the plaintiff or defendant in the original case, depending on who is dissatisfied with the outcome. Once a party decides to appeal, they must file a notice of appeal with the appropriate court, which must be done within a specific time frame, typically 30 days after the judgment is entered. The notice of appeal must outline the specific grounds for the appeal, and the relief sought.
Once the notice of appeal is filed, the appeal process begins. The process is governed by rules of procedure, which vary from court to court, and jurisdiction to jurisdiction. Generally, the appellant will prepare a brief outlining the legal basis for the appeal, which is submitted to the court. The appellee, or the party that won in the lower court, will then have an opportunity to file a responsive brief.
In some cases, the court may allow for oral arguments to be presented by both parties, where each side has the opportunity to argue their case before the judges. After the oral arguments, the judges will then consider the evidence, arguments, and briefs presented by the parties, and make a decision. If the court agrees with the appellant, they may modify or reverse the lower court’s decision, or they may remand the case back to the lower court for further proceedings. If the court does not agree with the appellant, the lower court’s decision will be affirmed.
[ Glossary ]