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How many judges hear an appeal in federal court?

Three judges normally are assigned to decide each federal appeal, except under certain circumstances. If two of the three judges agree on the decision on the appeal, that becomes the decision of the federal appeals court. Very rarely, the federal appeals court will grant a motion for rehearing the appeal (by the same three judges) or a rehearing ‘en banc’, by all or most of the active judges on that particular Circuit Court of Appeals.

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What is the role of the United States Supreme Court?

The Supreme Court of the United States is the ‘highest’ court in the land. It has ultimate authority to hear appeals in nearly all cases decided in the federal court system. It can also hear certain ‘appeals’ from state high appellate courts that involve a ‘federal question,’ such as an issue involving a federal statute or arising under the Constitution of the United States. However, fewer than 100 cases are actually heard and decided by the Supreme Court in one year.

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Can any lawyer argue a case before the U.S. Supreme Court?

Any U.S. lawyer who has been an active member of a state bar for three years and is currently in good standing with that state’s bar is eligible to apply for admission to the bar of the Supreme Court of the United States. Lawyers must fill out the application form and attach a certificate of good standing from a clerk or officer of the highest court in the state where the lawyer is admitted to the bar.

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How does the Supreme Court decide to hear a case?

The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. A Petition for Certiorari is granted in very, few selected cases—fewer than 100 a year, by the Supreme Court of the United States.

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How do you appeal in federal court?

The very first step in appealing a federal district court decision is filing a notice of appeal with the clerk of the district court. Strict deadlines apply to the filing of the notice of appeal – usually 30 days for civil cases and just 10 for federal criminal cases. For some cases in which the federal government is a party, the deadline may be as much as 45 days, but make sure to check this requirement closely. The clock starts running on the day that the district court judge enters the final judgment in the district court trial.

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Reasons to Appeal Your Court Decision

The first compelling reason that always justifies an appeal is a mistake with the gathering, use or acceptance of critical evidence. Secondly, if the judge gives the jury the wrong instructions and the jury brings back a verdict based on those wrong instructions, then it is essential that you appeal. Third, if the verdict awarded is inequitably large and impossible for you as the defendant to pay, then you should appeal.

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What are some factors that influence a decision to appeal?

The objective of the appeal should be an important factor in deciding on an appeal. Is your goal to seek a new trial? Is it to reduce the amount of damages? Is it to buy time? Is it to establish a new legal principle? Or, are you seeking leverage for some compromise or settlement arrangement? As it is quite common for the winning party to discount slightly a judgment or to agree not to collect court costs in order to persuade the loser not to appeal, you may be able to benefit should you negotiate not to appeal.

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The other side is appealing, what does that mean?

An appeal means that one of the parties is requesting that the decision in your case be looked at again by a higher court. In other words, they are arguing that something went wrong with the first decision and that it should be changed. In most cases, the appeals process is somewhat limited; you probably aren’t going to have to go to court again, and the appellate court (the one reviewing the decision) is probably going to give a lot of deference to the trial court decision.

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Can the outcome of a civil case be appealed?

A civil case is a noncriminal lawsuit usually involving private property rights. A civil lawsuit may involve any one of hundreds of circumstances, including breach of contract, probate, divorce, negligence, or copyright violations. A typical civil case will usually involve one ‘party’ suing another for money or other property. The term ‘party’ can include individuals, businesses, and government agencies. A civil case or civil lawsuit may also be filed to force a party to cease a course of conduct or refrain from committing a certain act such as picketing or disclosing confidential information.

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