How to Appeal a Civil Case

If you've come out on the wrong end of a civil lawsuit and want to appeal the ruling in the case, the United States Court of Appeals requires that you file a notice in the court where the case was tried within 30 days. While specific statutes on how to appeal a civil case vary from state to state, there are some constants you should keep in mind before you file your appeal.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Attorney
• Funds to cover fees

1. Note the date on which the judge in the civil case you want to appeal entered his verdict. You will have a fixed period from that date, usually 30 days. You have 60 days to file the appeal if the government of the United States is the defendant in a case.
2. File the appeal through your lawyer or legal representative. It is best to leave the expression of the grounds or basis of the appeal to a professional who is well versed in the fine points of the law.
3. Learn about the grounds on which an appeal can be filed (and is more likely to be successful). If the judge violated any party's due process rights or made a verdict in one party's favor when there is clear and convincing legal reason to believe the judgment was made in error, you can attempt to take the case to an appellate civil court.
4. File an appeal no matter which side of the case or verdict you find yourself on. If one party submits a notice of appeal in the case, any other party in the lawsuit may counter with a notice of appeal of her own within 14 days, or however long was remaining in the original 30- or 60-day period, whichever is longer.
5. Pay all fees associated with the filing of your appeal within 10 days, or else you will risk having your case dismissed by the Court of Appeals. If your case reaches an appellate court, the court record will be reviewed by a judge serving as an independent arbitrator to determine whether or not the appeal is justified. You will be notified by mail of the appellate court's decision if you cannot attend in person.

Tips & Warnings

• While docket fees range, they are generally moderately expensive. This is in addition to any processing or filing fees the court clerk's office levies on your appeal filing. The specific fee schedule also differs, depending on whether you're appealing a district court or a tax court ruling.
• In a class action lawsuit, or a lawsuit where there are multiple plaintiffs or defendants, everyone who wishes to be an appellant must include his name on the appeal notice.