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8 Things That Happens After an Appeal is Granted (2024 Update)

When an appeal is granted, it means that a higher court has agreed to review the case and consider the arguments raised by the appellant. The process that follows the grant of an appeal varies depending on the legal system, jurisdiction, and the specific rules of the appellate court.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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What is an Appeal?

An appeal is a legal process by which a higher court reviews and reconsiders the decision made by a lower court or tribunal. The purpose of an appeal is to figure out if errors occurred during the legal proceedings which may have affected the case's outcome. The party seeking the appeal (appellant) issues a request to the higher court to review the case and possibly reverse, modify, or remand the earlier decision.

Post-Appeals Process

The steps that typically occur after an appeal is granted include:

  • Briefing Stage - The appellant and the appellee (the party responding to the appeal) submit legal briefs to the appellate court. These briefs present case law, legal arguments, and factual information pertinent to the issues being appealed.
  • Oral Arguments - The appellate court may schedule oral arguments where attorneys for both parties present their arguments personally. This provides an opportunity for the judges to ask questions and seek further clarification.
  • Record Review - The appellate court will examine the record from the trial court proceedings. The record includes transcripts, exhibits, and other documents presented during the trial. The court determines whether the lower court made legal errors during its proceedings.
  • Legal Analysis - The appellate court analyzes the issues specified in the appeal, considering applicable laws, statutes, and precedents. The court then determines whether errors occurred that constitute a reversal or modification of the earlier decision.
  • Opinion and Decision - The appellate court issues a written opinion explaining its findings. The opinion highlights the reasoning behind the court's judgment and may include further instructions for the lower court. The decision can affirm, reverse, modify, or remand the earlier judgment.
  • Remand or Further Proceedings - If the appellate court remands the case, it means the case is sent back to the court in its original jurisdiction for further proceedings per the appellate court's decision. The trial court may be required to take certain actions or initiate a new trial based on the appellate court's instructions.
  • Enforcement of Judgment - If the appellate court's decision causes a change to the judgment, the parties must abide by the new judgment. The trial court oversees the enforcement of the judgment, which may involve various subsequent legal processes.

What Happens if an Appeal is Unsuccessful?

If a legal appeal is unsuccessful, it means that the appellate court has affirmed the decision of the lower court, and the consequences depend on the nature of the case and the issues involved. In most jurisdictions, the decision of the appellate court is considered final. The case is over, and the ruling of the lower court remains in effect.

The prevailing party may then seek to enforce the judgment, which could involve actions such as collecting monetary damages or carrying out other remedies ordered by the court. The unsuccessful appellant may be required to pay court costs, attorney fees, or other expenses associated with the appeal.

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