If you have a Civil case or controversy to bring before a judge, and the matter is not criminal in nature, it falls under the umbrella of civil cases. Together with your lawyer, you can gather evidence, present your argument, and hope that a judge or jury finds in your favor.
Sometimes, things don’t go your way. There may be a judgment against you, or a judgment in your favor that isn’t satisfactory. Thankfully, our court system has an option for civil litigants who aren’t satisfied with the initial judgment: appeals.
However, civil appeals should be used very carefully. How exactly do they work, and when is it worth pursuing one?
What Is a Civil Case Appeal?
Appealing a civil case is essentially challenging the initial judgment of a civil trial. There are many reasons why you might want to do this, which we’ll explore below, but appeals typically unfold as a new, secondary trial. Judges on the relevant Court of Appeals will hear from both the appellant and the appellee, similar to a lower-level trial, and review both the facts of the original case and the legal procedures that led to a judgment.
Sometimes, appeals judges will affirm the decision, effectively leaving it unchanged. Sometimes, they will reverse the decision, finding in favor of the opposing party. Other times, they will remand the decision, kicking it back to the trial court to review new information or revise something from the initial trial.
Very few civil cases are appealed, and even fewer are reversed.
When a Civil Appeal Is Possible
It’s technically possible for either party to appeal any civil case. However, most lawyers know better than to appeal a case without a strong reason. It’s usually inadvisable to appeal a civil case just because you think you deserve more money or because you want a second chance with the same facts before a judge.
Cases worthy of appeal typically feature one or more of the following:
Legal or procedural errors
Civil cases that get reversed often feature legal or procedural errors. For example, a judge can cite a case that isn’t relevant or misinterpret an important statute as part of its ruling. Almost any legal or procedural error significant in producing the judgment can be challenged in appellate court.
Abuse of discretion
People abusing or misusing their power may also be grounds for appeal. For example, you may be able to demonstrate that your judge had significant bias against you or were influenced by parties outside of the case.
Evidence issues
If new evidence is discovered, if there were problems with existing evidence, or if you find new ways to challenge evidence in the trial, you may be able to appeal as well.
The Complicating Factors
So why wouldn’t you appeal every civil case?
- Time: By now, you’ve probably invested months, if not years, in this legal matter. By choosing to appeal, you’ll commit to spending years longer.
- Money: Court costs and legal fees are notoriously expensive. They’re even more expensive at the appellate level. By appealing a case, you’ll expose yourself to considerable financial risk, ultimately losing a lot more money if the case is decided against you.
- Stress: Nobody likes having a pending legal matter to worry about. Long before the appellate decision, you’ll likely feel significant stress.
- Uncertainty: Even the best lawyers can’t always accurately predict how appellate judges will decide. There is never a guarantee that you’re going to win on appeal.
When Is It Worth It?
When is it worth it to appeal a civil case?
Your lawyer advises this move:
Your lawyer knows your odds of winning the appeal, as they’re intimately familiar with your case. It’s usually best to trust your lawyer’s judgment on this front.
There are clear legal issues with your original trial:
You can and should appeal if you know there are clear legal or procedural issues with your original trial.
You have new evidence or ways to challenge evidence:
A civil appeal is also generally worth it if you have new evidence or new ways to challenge previous evidence; for example, you may find that a critical piece of evidence was not accurate or factual.
The judgment is extremely unusual or against precedent:
Civil appeals are also warranted in cases where the judgment is highly unusual or against standing precedent.
You have the time and money to spend:
And, of course, you may be more interested in an appeal if you have the time and money to spend on this endeavor.
Review your options carefully and trust your lawyer’s advice. Most civil cases are not worth appealing, but some are well worth fighting for.
Source: Cosmo Politian
