Guide: Filing an Appeal

[Kebab]

 

San Andreas Court of Appeals

 

Filing an Appeal

 

An appeal can be filed when there are questions of law arising from the decision of a lower court. Appeals are not an opportunity to re-try the facts of a case - the lower court is a fact-finder with original jurisdiction over such cases. The Court of Appeals hears cases where a party has grounds for appeal, or a legal right to appeal and be heard. These can be situations of judicial abuse, or an argument that certain evidence should have been allowed, or perhaps a judge has applied the law incorrectly leading to a wrongful decision. The Standards of Appellate Review can be helpful in determining if grounds for appeal are present.

 

Instructions for Filing an Appeal

1. Notify the lower court with a Notice of Appeal.
2. Wait for a docket number for the appeal to be assigned by a member of court staff.
3. File an Appellate Brief (for Appellant) under the assigned docket number (( Post a topic in this section ))

A three-judge panel will oversee each appeal, with one acting as chairperson over the hearing.

 

Procedure for Appellate Cases

1. Submission of Briefs
   Once a case is accepted for hearing on appeal, both sides may submit an Appellate Brief describing their arguments. The court will review whether or not there are grounds for appeal present and, if such grounds do not exist, the case will be dismissed. Otherwise, the case will proceed to the Hearing Phase.
   
   In this phase, each party may introduce various questions of law to be answered by the court, and must explain why the Appeals Court has jurisdiction to answer such questions. Information about this can be found in the Standards of Appellate Review. Using the questions, the scope of the appeal will be determined. If it is subject to de novo review, then facts may be re-examined using the process defined by Civil Procedure or Criminal Procedure (respectively).
    
2. Hearing
   During this phase of the appeal, the judges will ask each party a series of questions when trying to explore the questions of law. Each party should do their best to answer the questions. Answers to the judges should be filed as an Affidavit for the respective side.
   
   (( For OOC purposes, parties in this phase are not required to be experts in legal precedents or to make perfect arguments - Judges will do a lot of this type of debating behind the scenes in an attempt to determine who has the best legal argument. ))
    
3. Decision Phase
   In this phase, the three judge panel will determine an outcome of the appeal by answering the questions identified previously.
   
   Some of the possible outcomes at this step are:
   - Decision Upheld: The trial court decision can be upheld.
   - Decision Reversed: The trial court decision can be reversed, and a new verdict entered.
   - Decision Modified: The trial court decision can be modified, such as changing the award amounts.
   - Decision Vacated: The trial court decision can be vacated, removing its effect entirely. This sometimes comes with a grant for a new trial.
   
   After this step, the losing party may submit their intention to appeal the verdict to the Supreme Court of San Andreas, which must be done by filing a Petition for Writ of Certiorari.

Edited June 11, 2024 by Kebab

[Kebab]

Appellant v. Appellee

 

Case Number: YY-XNNN

Prepared by: Name of Attorney

 

APPELLATE BRIEF FOR [APPELLANT/APPELLEE]

_______________________________________________

 

Argument

1. Appellant: Describe the grounds for this appeal, and why this appeal is allowed.

2. Both parties: Describe the argument you have on appeal. Appellee may also describe why this appeal is not allowed.

3. Continue sequential numbering and lay out your argument piece by piece.

...

 

Authorities

1. Case Title Here - If you are referencing any additional case law above, please list each case here.
2. Continue the list...

 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures

[Kebab]

Appellee v. Appellant
 

Case Number: YY-XNNN

Prepared by: Attorney Name
 

AFFIDAVIT FOR [APPELLANT/APPELLEE]

_______________________________________________
 

Answer the questions posed by the Judges in this area, with each question bolded and the answers provided in sections.
 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures

[Kebab]

Plaintiff v. Defendant
 

Case Number: YY-XNNN

Prepared by: Attorney Name
 

NOTICE OF APPEAL

_______________________________________________

This notice of appeal should be filed with the lower court prior to filing a brief.
 

1. Are you the Plaintiff or Defendant? (Check one)

[ ] Plaintiff

[ ] Defendant

 

2. Which parts of this ruling are you intending to appeal? (Check one or more)

[ ] Verdict or Disposition

[ ] Civil Award or Criminal Sentence
 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures