How to Appeal a Judgment in District Court
When a judgment is entered in a federal district court, the losing party has the right to appeal the decision to the next higher court. In the federal system, that court is the court of appeals. If the appellant loses in the court of appeals, he may file a writ of certiorari with the United States Supreme Court asking them to review the case; however, the Supreme Court is not obligated to review it.
Other People Are Reading
Instructions
-
-
1
Confirm that you are within the appeal time frame. A notice of appeal must be filed within 30 days from the date the judgment was entered in the district court unless the United States, its officer or agency is a party, in which case the notice of appeal must be filed within 60 days.
-
2
Prepare the notice of appeal. The notice of appeal must include the name of the party taking the appeal, designate the judgment from which the party is appealing and name the court to which the party is appealing the judgment. The United States Court of Appeals Form 1 is a suggested form to be used as a notice of appeal.
-
-
3
Make enough copies of the notice of appeal for the clerk to serve all parties, or counsel, to the case as well as an additional copy for the clerk and one for your records.
-
4
File the notice of appeal with the clerk of the district court where the judgment was entered. The appellant must pay the required docket fee at the time of filing. Filing fees will vary by type of case and jurisdiction. Contact the clerk, before you file the notice of appeal, for the current filing fee.
-
5
Write your appellate brief. The brief is essentially a summary of the case in the lower court as well as your basis for asserting that the lower court committed an error. An appeals court may decide the case solely on the basis of the brief you submit, or they may schedule oral arguments. At oral argument, you may further defend your position and answer any questions the judges may have.
-
1
Tips & Warnings
An appeals bond may also be required when you appeal a judgment. The purpose of the appeals bond is to ensure that the costs associated with the appeal, such as the cost of transcribing proceedings from the district court, are paid.
