When a case doesn’t end the way a party hoped at trial, the next question is often whether the decision can be challenged. That’s where appeals come in. An appeal is very different from a trial, and understanding that difference is critical when deciding how to move forward.
What Is an Appeal?
An appeal is an attempt to overturn a trial court’s final order—one that resolves all claims as to all parties in a case. While most appeals arise from final decisions, there are limited categories of non-final trial court orders that can also be appealed.
Appeals are not a “second trial.” Instead, they are a review of what already happened in the trial court.
Where Trials Take Place
Trials are where cases are originally filed and litigated.
- In the federal system, trial courts are called district courts
- In Pennsylvania, most civil trials take place in the courts of common pleas
These trial courts are responsible for hearing evidence, deciding facts, and applying the law.
How Appellate Courts Are Different
Trial courts and appellate courts serve very different roles.
Appellate courts:
- Review legal issues raised in the trial court
- Examine the trial court’s rulings
- Rely on the existing evidence and filings
They do not:
- Hear new testimony
- Consider new evidence
- Decide issues that were never raised below
If a party tries to raise a new issue for the first time on appeal, the appellate court will usually refuse to consider it. This principle is known as waiver.
The Importance of the Record
Appellate courts are generally limited to reviewing the record—the evidence, filings, and arguments that were presented to the trial court.
If something is not part of the trial court record, appellate courts will typically not consider it. This makes careful trial-level litigation essential for any potential appeal.
Appeals Are Built in the Trial Court
The foundation of a successful appeal is laid before the trial court, not after the case is over.
Appeals based on legal errors are generally easier to pursue than appeals challenging factual findings. Preserving issues, making timely objections, and creating a clear record are all critical steps.
Getting Guidance Before and After Trial
Deciding whether an appeal is worthwhile requires careful analysis of the issues, the record, and the applicable law. Likewise, while a case is still pending in the trial court, identifying and preserving potential appellate issues can make a meaningful difference later.
An experienced appellate attorney can help evaluate:
- Whether an appeal is viable
- Which issues may be reviewed
- How trial-level decisions affect appellate options
If you have any questions about the topic discussed in this article, or any legal matter, please give us a call at Bononi & Company 724-832-2499.