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ABA Family Legal Guide
How the Legal System Works
The Civil Trial: Step by Step
Procedures After Trial
How does a party appeal?
The losing party (or a prevailing party contending that the damages were insufficient) may ask for review of the trial court's decision in an appellate court. In the federal system, the party must appeal to the court of appeals in the appropriate circuit.
In those states that have two levels of appellate courts, parties challenging trial court decisions generally must bring their appeals to the intermediate court first. However, because intermediate appellate courts often have some limited discretion to determine which civil cases they will hear, not all civil appeals will necessarily be accepted, in which case the lower court's verdict will stand.
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Side Bar - Appeals A popular misconception is that cases are always appealed. In fact, a losing party does not always have an automatic right of appeal. There must usually be a legal basis for the appeal. The fact that the losing party did not like the verdict is not sufficient. |
Copyright © 2004 American Bar Association