Federal Court Appeals
Federal Appeals Lawyers
Sitting over the various U.S. District Courts across the country are the 12 Circuit Courts of Appeals and the Federal Circuit Court. These are appellate courts, meaning they review decisions made by lower federal courts or, in some cases, federal administrative agencies.
The appeals process allows parties dissatisfied with the outcome of a case to seek a review of the decision, arguing that errors were made during the trial or that the law was misapplied.
Our team of seasoned attorneys brings over a century of combined expertise, specifically in understanding the distinct local rules and practices of each federal circuit court. We are committed to leveraging this knowledge to advocate effectively for your case.
What to Expect During an Appeal
1. Administrative/District Court Decision: The process usually begins when a U.S. District Court, the U.S. Court of Federal Claims, or a federal agency, such as the U.S. Merit Systems Protection Board (MSPB) issues a final decision that is appealable.
2. Notice of Appeal: To begin the process, you must file a Notice of Appeal with the appropriate U.S. Court of Appeals within a specified timeframe after the entry of the final judgment.
3. Briefing: The appellant and the opposing party, known as the appellee, each submit written arguments, called briefs, to present their legal arguments and cite relevant case law and statutes to support their positions. The appellant’s opening brief argues why the lower court’s decision was erroneous, while the appellee’s responding brief defends the decision.
4. Oral Arguments: In some cases, the appellant may elect to schedule an oral argument where each side presents their case before a panel of judges. During oral arguments, the judges may ask questions and seek clarifications from the attorneys.
5. Panel Decision: A panel of three judges typically hears each case in the Courts of Appeals. After reviewing the written briefs the appellate record, and listening to oral arguments (if applicable), the panel deliberates and reaches a decision.
The decision can be one of the following:
- Reverse: The court disagrees with the lower court’s decision and overturns it.
- Remand: The court sends the case back to the lower court for further proceedings, often to correct errors or gather additional evidence.
- Modify: The court changes the lower court’s decision while still upholding the basic outcome.
- Affirm: The court agrees with the lower court’s decision, and it stands as the final judgment.
6. Appeals to the Supreme Court: If one or both parties are still unsatisfied with the Court of Appeals’ decision, they may petition the U.S. Supreme Court to review the case. However, the Supreme Court has discretion in selecting cases to hear, and most petitions are denied.
Understanding the Federal Appellate Process
The federal appellate process is intended to provide contractors and small businesses the opportunity to hire a lawyer in DC to present evidence to an appellate court. A successful appeal can represent a significant financial win for the plaintiff. Depending on the circumstances of your case, the court that hears your appeal may be one of the following:
- US Court of Appeals for the Federal Circuit
- ABSCA or CBCA Boards of Contract Appeals
- US Court of Federal Claims
A Fresh Look
The federal appellate process does not involve a new trial or hearing. Instead, the appeals court considers the information already provided to the lower Court that originally heard your case and ruled on it.
The federal appeals court will take a fresh look at the evidence your original attorneys provided, as well as information provided by the defendant. Before the federal appeals court will review the original hearing or trial, federal appeals lawyers must identify a clear factual and/or legal error. That error must have occurred in the original trial or hearing, and it must be significant enough to warrant the possible overturning of the original decision.
The federal appeals court does not care if there were errors in the original proceeding: there must have been an error that, had it not occurred, the initial ruling would likely have been different.
The burden of proof that an injustice occurred in the original trial rests on the shoulders of the federal appeals lawyers.
The Federal Practice Group has the necessary resources and experience with procurement law to meet the Court’s expectations. There is also a time-sensitive aspect to the appeals process, which we understand and will act upon accordingly.
Federal Appeals Lawyers on Your Side
The federal court of appeals process can vary depending on the region in which the court is located.
Each federal circuit court has its own local rules and practices, so it’s essential to enlist qualified representation that understands the system.
Are you disappointed with your federal court or agency decision? Let us leverage our expertise to advocate powerfully for your case’s success in the appeals process.
Contact us today.
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Frequently Asked Questions
Appellate law involves the process of appealing a lower court’s decision to a higher court. It focuses on reviewing and potentially reversing or affirming the decisions made in the lower court.
Appellate courts review the legal procedures and issues presented in lower court cases to ensure that the trial was fair and that the law was applied correctly. They do not retry the facts of the case.
In a trial, the facts of the case are presented, witnesses testify, and a verdict is reached. In an appeal, the focus is on reviewing legal issues and procedures, not on re-examining the facts.
Appellate courts generally hear appeals based on legal errors or issues, such as misapplication of the law, procedural mistakes, or constitutional violations. They don’t re-evaluate the facts of the case.
The process typically starts with filing a notice of appeal, followed by the submission of briefs from both parties, and oral arguments in some cases. The appellate court then renders a decision.