What Does an Appellate Procedure Consist Of?


Quick Answer

An appellate procedure consists of the rules and practices that appellate courts use to examine trial court judgments, explains the Legal Information Institute at Cornell University. The appellate procedure looks at how appeals are brought to court, what is necessary to reverse the lower court's ruling, which judgements the court can appeal and the necessary steps each party involved should take.

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Full Answer

An appellate review has the purpose of further developing the law, establishing uniformity among court systems and correcting mistakes that a trial court has made, notes the Legal Information Institute. Final judgments are generally the only items that individuals can appeal. Under the federal final judgment rule, appellate courts have the ability to appeal a district court's final decision. There are exceptions to this rule, such as when a district court commits an error, or when there is a constitutional question or a question about a trial court's subject matter jurisdiction.

Typically, there is not oral argument in appellate court, according to the Legal Information Institute. If the court does permit oral argument, it is usually confined to a time limit and used exclusively for the purpose of making legal issues in the briefs more comprehensible. In lieu of oral arguments, the litigating parties submit written briefs. The briefs include the questions being appealed as well as arguments and legal statutes that support the party's stance. Third parties can submit amicus curiae briefs, which are also taken into consideration by the appellate court.

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