Appellate rules vary from state to state, and between the state and federal system. However, the appellate procedures in most jurisdictions have some common elements.

The appellate record consists of materials from the trial court that the appellant would like to present to the appellate court and use in appeal.

Appellate courts do not retry cases or hear new evidence. Instead, appellate courts review what occurred in the trial court to see if the proper procedures were followed and the proper law was applied. The appellate court, which will usually defer to the trial court or jury on factual issues, has the final word on what the law is.



BACK TO LITIGATION

Litigation Attorneys:
David L. Barth
Susan R. Bell
Curtis L. Cornett
Kevin R. Feazell
Sarah M. Foster
Michael L. Gay
Jeffrey J. Harmon
Jack B. Harrison
Robert J. Hollingsworth
R. Scott Hughes
Dustin C. Humphrey
Alexis L. McDaniel
David J. Schmitt
Teresa R. Wade
David L. Zerbe