Appellate Practice in New York and New Jersey

An appeal is a legal process where a higher court (an appellate court) reviews the decision of a lower court to determine if legal errors affected the outcome. Unlike a trial, an appeal does not involve presenting new evidence or re-arguing the entire case in front of a jury. Instead, appellate judges examine the trial record, written briefs, and legal arguments focused on whether the law was applied correctly. In short, a trial is about establishing the facts of a case, while an appeal is about reviewing the law and procedure for mistakes. This means that appellate practice centers on legal research and persuasive writing to show how the trial court may have erred, rather than on witness testimony or new evidence.

Generally, you can file an appeal after a final judgment or order has been entered by a trial court. In most civil cases, you have a limited window of time to appeal – typically 30 days in New York (from service of notice of entry of the judgment) and 45 days in New Jersey (from entry of the judgment). These deadlines can vary or be extended in special circumstances, so it’s crucial to act quickly and consult an appellate attorney.

Not every decision can be appealed as of right; usually only final judgments or orders that conclude the case are appealable without permission. Some interim (preliminary) decisions may require permission (leave) from the appellate court to appeal. An experienced appellate lawyer can review your case to determine which rulings are appealable and ensure all filing rules and deadlines are met.

The length of the appeals process can vary, but appeals often take several months to over a year from start to finish. After filing a notice of appeal, there are multiple steps: preparing the trial record and transcripts, researching and writing appellate briefs, and possibly presenting oral arguments. Each of these steps has its own timelines under court rules. In New York, for example, once the record and briefs are filed, it may take a few more months for the appellate court to schedule oral argument (if it’s granted) and eventually issue a decision. New Jersey’s appellate process is similar in structure and timing. Overall, parties should be prepared for the appellate review to take anywhere from six months to 18 months or more, depending on the complexity of the case and the court’s docket. Working with a knowledgeable appellate attorney can help move the process along as efficiently as possible.

When you appeal a case, the appellate court can reach several possible outcomes. The most common results are:

- Affirmation: The appellate court agrees with the lower court’s decision and leaves it unchanged. This means the original judgment stands.

- Reversal: The appellate court disagrees with the trial court and overturns the lower court’s decision. A reversal might result in the case being dismissed or a judgment entered for the other party.

- Remand: The appellate court sends the case back to the lower court for further proceedings. This often happens if a new trial is needed or if the judge needs to address specific issues under guidance from the appellate court.

- Modification: In some cases, the appellate court may modify part of the judgment (for example, adjusting the damages awarded) without completely reversing it.

It’s important to understand that appeals courts focus on legal errors. They will not change a result just because one party is unhappy; there must be a demonstrated error in how the law was applied or how the trial was conducted. An appellate attorney can advise you on the likelihood of these outcomes based on the specifics of your case.

Appellate practice is highly specialized. An experienced appellate attorney understands the intricacies of appellate rules, the importance of a well-researched brief, and the art of oral argument. Your trial attorney may have done a great job presenting evidence and handling witnesses, but appeals require a different skill set focused on legal analysis and writing. A dedicated appellate lawyer will:

- Review the trial record with fresh eyes to spot legal errors or grounds for appeal.

- Craft a focused and persuasive appellate brief that argues why the trial court’s decision should be reviewed or reversed, citing relevant laws and precedents.

- Navigate procedural requirements (like filing deadlines and formatting rules) to ensure your appeal isn’t derailed by technical issues.

- Present oral arguments (if the court allows) to answer the judges’ questions and reinforce the strongest points of your case.

Hiring an appellate specialist can significantly improve your chances on appeal because they know what appellate judges look for and how to effectively advocate for a favorable outcome in a higher court.