How is the appellate process different from proceedings in the trial court?
Procedures differ depending on whether your appeal is in state court, federal court, or in an administrative agency. This answer will give the reader a general idea about what to expect in the appellate process. However, it may or may not be fully applicable in your specific case. The party wishing to appeal must first file a notice of appeal within a specified period of time after the trial court’s decision-usually thirty days. Then, according to the applicable schedule, the party appealing the decision will file an opening brief outlining why that party believes the trial court applied the law incorrectly. The opposing party will then file its own opening brief defending the trial court’s decision. The party appealing the decision will then usually have an opportunity to file a reply brief. After the briefing is complete, oral argument will usually be scheduled. Oral argument is primarily for the purpose of giving the judges an opportunity to ask questions of the attorneys regarding
