What the State Appellate Courts does
Intermediate appellate courts review final judgments and some interlocutory orders from the trial courts, usually as of right, deciding on written briefs and the trial record with oral argument in a minority of cases. State supreme courts are usually discretionary: they choose which cases to take, favouring conflicts between appellate districts and questions of statewide importance, and their word is final on the meaning of state law. The US Supreme Court can review a state supreme court only on federal constitutional questions.
What it hears
- Appeals from final judgments in civil and criminal cases
- Claims of legal error, insufficient evidence and abuse of discretion
- Sentencing appeals in criminal matters
- Discretionary review by the state supreme court on important questions
Before your first court date
File the notice of appeal within the deadline, which is often 30 days and rarely forgiving — this is the single most common way meritorious appeals die. Order the transcript promptly, because the brief must be written against what was actually said and it takes time to produce. Understand preservation: an issue not objected to at trial is usually waived on appeal, which is why appellate lawyers ask first what the trial lawyer said at the moment it mattered. Get an honest assessment of the standard of review, which often decides the outcome before the argument begins.
What happens at your first appearance
There is no first appearance in the trial sense. The process is written: the record is assembled, the appellant files an opening brief, the appellee responds, and a reply follows. Oral argument is granted in a minority of cases and is a question-led conversation with the panel, not a speech. Decisions arrive weeks or months later in writing, and may affirm, reverse, or send the case back for a new trial or further proceedings.
What to prepare
- The judgment or order appealed from, with its exact date
- The trial transcript and the record of what was preserved
- Draft issues identifying specific legal error, not disagreement
- An honest view of the standard of review that will apply
- Advice on cost, timing and the realistic prospects
When to get legal advice
This page is general legal information, not legal advice. Appeals are a specialist exercise with unforgiving deadlines, and the most valuable single step is an early, candid assessment of whether a preserved ground of error actually exists. Legal Hotline's free line explains the process any hour on 1-844-690-0555, and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.
Where it is
Most states have an intermediate appellate court sitting in districts or divisions, and a state supreme court in the capital. Filing deadlines and formatting rules are set by each state's rules of appellate procedure.