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Who can appeal in federal court? And when?

A basic tenet of the American legal system is that a losing party is always entitled to appeal the final decision of a federal district court. But from here it gets more complicated. First, simply because a party has a right to appeal a final decision does not mean that the appeal will actually be heard. In fact, most appeals that are filed never make it far enough to be heard by an appeals court.

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What are administrative agencies?

There are thousands of federal, state, and local administrative agencies running various operations throughout the government. The list of federal agencies includes the Federal Trade Commission, Social Security Administration, Federal Communication Commission, and the Environmental Protection Agency. These federal agencies have the power to create their own laws that are specific to their department. It has become the trend that states will form identical administrative agencies to the federal government and ensure that federal administrative policies are followed. For instance, each state has their own EPA, with that state’s set standards for clean air and water.

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What is the appeals process after a federal court judgment has been entered?

Once a trial court judge has entered the final judgment in a case, the losing party may file a notice of appeal. The notice of appeal operates as its name implies – it puts the winning side as well as the courts on notice that the decision is being appealed. The appealing party is referred to as the “appellant” in the appeals court, while the party that won at the trial level becomes the “appellee.”

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Can I appeal from a federal circuit court of appeals to the United States Supreme Court?

Any party can attempt to appeal a decision from a circuit court of appeals to the U.S. Supreme Court, but this doesn’t mean that the appeal will be heard. Each year, the Supreme Court typically grants certiorari (i.e. accepts an appeal) for about 100 cases out of the approximately 7,000-8,000 cases that are appealed. Thus, for 99% of all federal cases, the decision of the circuit court of appeals is the last word. A court of appeals decision can be appealed, but the issues at stake must be so significant, or the court of appeal’s error in law so egregious, that the Supreme Court is persuaded to hear the case. The Supreme Court’s review of circuit court of appeals cases is thus best described as discretionary, rather than mandatory.

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What should I do before deciding to appeal or not?

The first thought after hearing the final judgment in any trial is to expect the “winning” side to be celebrating and the “losing” side to appeal the decision. But the calculus involved in the decision to appeal can often be more complex than this. For many parties, not every loss is worth appealing, and sometimes a “winner” may feel they should have been awarded more. To add to the considerations, appeals are often not simple or free, and hiring an experienced appeals lawyer – which is your best chance of winning on appeal – may end up costing even more than the original trial.

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What are the rules for federal appeals?

The United States Statutes and the Federal Rules of Civil and Appellate Procedure set forth some of the general rules for federal appeals. Each of the eleven circuits also has its own rules that detail additional requirements for a federal appeal.

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If I appeal my case, will an opinion be published by the court?

Appealing a case in the federal appeals court does not necessarily mean that you will have a published opinion. Some circuits do not publish all opinions; others have special rules about relying on ‘do not publish’ decisions as precedent. In fact, there may not even be an opinion because the Court of Appeals sometimes just ‘affirms on the opinion below’ and thus does not feel the need to write one.

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