Appeals: How to Challenge a Court Decision

How appeals work: the final judgment rule, the notice of appeal deadline, the record and briefs, standards of review, stays and petitions to the Supreme Court. This Lawtopolis course on appeals has 5 short lessons and a quiz, and every lesson links to the official rule text.

What you will learn about appeals

• When you can appeal and the deadline to file
• Why issues must be preserved in the trial court
• How standards of review affect your chances
• How stays and Supreme Court petitions work

Who this course is for

• Parties who lost a ruling
• Students and paralegals

Lessons in this course

1. When you can appeal

In the federal system, the courts of appeals generally hear appeals only from final decisions of the district courts (28 U.S.C. § 1291). A final decision ends the case on the merits and leaves nothing for the court to do but carry out the judgment.

2. The notice of appeal

An appeal starts with a notice of appeal filed in the district court, not the court of appeals (FRAP 3). In a civil case, the notice must generally be filed within 30 days after the judgment or order is entered, or within 60 days if the United States or a federal officer or agency is a party (FRAP 4(a)(1)).

3. The record, briefs and standards of review

An appeal is decided on the record from the trial court: the filings, exhibits and transcripts. The appellant files an opening brief, the appellee responds, and the appellant may reply (FRAP 28 and 31). Generally, an appellate court will not consider arguments that were not raised in the trial court, which is why preserving issues with timely objections matters.

4. Stays and the Supreme Court

Filing an appeal does not automatically stop the winning party from enforcing a money judgment. A party can ask for a stay, often by posting a bond or other security (FRCP 62), and can ask the court of appeals for a stay under FRAP 8 after first asking the district court.

5. Putting it into practice: an appeal checklist

Now that you know the rules, this lesson turns them into steps you can follow. First, work through the checklist in order. Then, before you file or serve anything, compare your work with the common mistakes below and with your court’s own rules.

Next steps after this appeals course

When you finish, take the quiz to check your understanding. After that, keep going with the related pages in the Motions & Procedures library, the Legal Glossary and the Research Center. For the official text, read the current federal rules on uscourts.gov, and also check your own court’s local rules.

Lawtopolis provides legal information and education, not legal advice. Rules change, so check the current version of your court’s rules before you file.

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