Litigation and Appeals

Last updated May 23, 2024

To fully take advantage of the legal system’s protections and rights, you have to understand it. Two essential parts of the legal system are litigation and appeals. This article gives an overview of litigation and appeals, their processes, and the parties involved. 

Federal and state laws determine legal procedures. A local and experienced litigator or appellate attorney will be in the best position to assess your case and offer legal advice. Your attorney can represent you in federal courts or state courts. If you have questions about your legal rights, contact a litigation and appeals lawyer.  

The Litigation Process

Litigation is the process of taking legal action to resolve a dispute in court. This can involve disputes between individuals, companies, or other parties across many areas of law. Litigation encompasses all activities from the initial filing through to the final decision.

Some examples of litigation that you might be familiar with include:

  • A personal injury lawsuit seeking compensation for car accident injuries
  • A contested divorce where the spouses cannot agree on dividing property
  • A company suing a vendor over breach of contract
  • A victim of sexual harassment suing their employer for a hostile work environment

While following some similar procedures, criminal cases are different.

Litigation Process, Procedure, and Protocols

The litigation process generally follows these steps:

  • Filing a complaint/pleading: The plaintiff files a lawsuit against another party (defendant). The claim states what the dispute is about, the applicable law, and what they want. In a class-action lawsuit, a few class representatives will represent the larger group of plaintiffs.
  • Service of process: The complaint and other legal documents are formally delivered to the defendant.
  • Response: The defendant must respond to the complaint and either admits to or denies the plaintiff’s allegations. 
  • Discovery: Both parties exchange information through depositions, document requests, and interrogatories.
  • Pre-Trial: Both parties make various motions to the court. These include motions to dismiss the case and motions for summary judgment, both of which can end the case before it goes to trial. Motions can also ask the court to exclude or include certain evidence or witnesses in anticipation of trial. 
  • Alternative dispute resolution: In some cases, the parties may have to go through arbitration or mediation to try to find a resolution before proceeding to trial.
  • Trial: If the parties do not settle the case or the court does not dismiss the case, the case will go to trial. Both sides present evidence and make arguments. The trial court judge or jury then makes a decision.
  • Judgment: The judge or jury makes the final decision.

The above litigation steps can take years. A lawyer who understands your county’s court system can help you understand how long your case might take to resolve. 

Appeals and Appellate Practice

An appeal is the process of asking a higher court to change the decision of the lower court. If you are dissatisfied with the court’s decision and believe there were legal errors, you can file an appeal. An appeal is a chance to have the decision reviewed and potentially reversed or amended. An appellate court reviews the lower court’s decision to determine if there were errors in handling the original trial. 

Judges at the appellate court review the lower court’s decision. The highest court in the country, the U.S. Supreme Court, has nine appellate judges. Some states have an intermediate appellate court where three judges will hear a case. This can then go through further appeals to a higher appellate court.  

Appellate Process, Procedure, and Protocols

The appeal process typically follows these steps:

  • Notice of appeal: Shortly after the decision in the lower court, the party who wants to change the decision (appellant) must file a notice of appeal.
  • Record on appeal: The entire record of the lower court’s proceedings goes to the court of appeals. This includes all motions, pleadings, and the court reporter’s transcript of everything said at trial. 
  • Briefs: Both parties write and submit briefs presenting their arguments for why the court’s decision should be upheld or overturned. Because the decisions of appeals courts become law, some non-parties may file what are known as amicus briefs to make an argument in favor of the plaintiff or defendant. 
  • Oral arguments: In some cases, the appellate court may hear oral arguments where attorneys for both sides can present their cases and answer the judges’ questions. There are no witnesses at the appellate level. 
  • Decision: The appellate court will issue a decision that may affirm, reverse, modify, or send the case back to the lower court for further proceedings. The decision can take months. 

In some states, the party who doesn’t like this decision can appeal the appellate court’s decision to a higher appellate court. An appellate lawyer can help determine if this is a good idea.

Get a Lawyer’s Help for Litigation or an Appeal

This page is just a brief overview of two complex proceedings in the U.S. legal system. If you are thinking about filing a lawsuit, or someone is suing you, it is important to have legal representation to protect your rights and make sure you are following proper procedures. You can find an experienced litigation or appeals lawyer near you to discuss your options.

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