What is an Appeal to the US Circuit Courts of Appeals?
The US Courts of Appeals hears cases appealed from the Federal District Courts. Like all appellate courts, the Courts of Appeal review cases to determine:
- whether the correct law was applied, and
- whether it was applied correctly, and
- whether the law, as applied, violates rights provided by the US Constitution.
How do cases arrive before the Federal Courts of Appeal?
Generally, appeals derive from a request by the losing party at trial. In some cases, however, a party may make an interlocutory appeal, which is an appeal of a single issue before the case has been decided.
This is only allowed, however, when the issue is extremely important or would effectively decide the case.
The losing party generally requests permission to file an appeal with the Court of Appeals.
The court will either grant the request or deny it making final the decision on the appealed issue.
- Relevant Law: Rule 18 of the Supreme Court Rules, provides the procedure for appeal from a district court ruling. 28 USC 2107 outlines the time period for appeal.
