Appeals 101 - Episode 40

Attorney Anna Swiecichowski and Adam Brown break down the fundamentals of the appellate process and explain what can happen after a trial court issues a decision. Anna and Adam begin with the basics: what is an appeal and how does a case reach the appellate stage? They discuss the procedural history that typically leads to an appeal and explain the role appellate courts play in the legal system. Unlike trial courts, appellate courts are generally focused on reviewing the record for legal errors, not re-trying the case or hearing new evidence. The conversation explores what appellate courts can and cannot do, including their primary role as “error-correcting” courts. Anna and Adam also explain the role of appellate courts and their limits, determining whether an order or decision is appealable, strategic considerations and whether to appeal and how to respond, notices of appeal (starting the appeal process), discretionary appeals vs. appeals as of right, key timelines in the appellate process,the record on appeal, briefing requirements, oral arguments, and appellate decisions, precedent, and next steps.The team also discusses the economic realities of the appeal process, the importance of responding to an appeal, and how negotiation and settlement can still play a role even after a case moves into the appellate phase. If you are interested in learning about the way cases move through the judicial system after a trial, this episode provides a great introduction to the appellate process from start to finish.