Strategies at the Appeal Stage

[wd_asp id=1]

In this lesson , you will learn appellant\’s case strategy, appellee\’s case strategy, and evaluate your own case strategy with helpful tips.

An Appeal is successful if a trial court decision is reversed.

Appellant’s Strategy

Appellant’s strategy at the Appeal stage is to ensure:

  • appellate court jurisdiction
  • proper preservation and assignment of error
  • adequate statutory and case law to support the assignment of error
  • brief(s) in compliance with formatting and style requirements, and other rules

An appellant should successfully ensure all of these factors.

Appellee’s Strategy

Appellee’s strategy at the Appeal stage is to challenge:

  • appellate court jurisdiction
  • preservation and assignment of error
  • statutory and case law supporting assignment of error
  • compliance with formatting and style requirements, and other rules

An appellee should successfully challenge any of these factors.

Your Strategy

Take a moment to think about what YOUR strategy should be at the Appeal stage.

  • Does the appellate court have jurisdiction to review the case?
  • Have the assigned errors been preserved?
  • Does statutory and case law support or undermine the appeal?
  • Are the briefs in compliance with formatting and style requirements, or other rules?

You should answer these questions no matter whether you’re an appellant or appellee in an appeal.

Transcript

For the appellant, an appeal is successful if a trial court decision is reversed.

For the appellee, an appeal is successful if the decision is affirmed.

The appellant strategy on appeal is to ensure appellate court proper preservation and assignment of error, adequate statutory and case law to support assignment of error, and timely briefs that are in compliance with formatting and style requirements and other rules.

An appellant should successfully ensure all of these factors.

The appellee\’s strategy on appeal is to challenge appellate court jurisdiction, preservation and assignment of error, statutory and case law supporting assignment of error, timeliness of briefs and their compliance with formatting, style requirements, and other rules.

An appellee should successfully challenge at least one of these factors.

Now look at your own case. What might your strategy be at the appellate stage?

Give it some thought.

Does the appellate court have jurisdiction to review the case?

Have the assigned errors been preserved?

Does statutory and case law support or undermine the appeal?

Are the briefs timely and in compliance with formatting and style requirements or other rules?

Scroll to Top