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Appellant

The appellant is the person who files an appeal asking a higher court to review and change a lower court's decision.

What it actually is

In a case, the appellant is the party who lost at trial or on a prior motion and now seeks relief from a higher court. The appellant's name appears first in the appellate case caption (e.g., 'Smith [citation removed]' where Smith is appellant if Smith appealed). The appellant submits a brief explaining why the lower court erred.

Why it matters in your case

If you are the appellant, you bear the burden of showing that the lower court made a legal mistake that harmed you. Understanding this role helps you know that you must act first by filing a notice of appeal and then presenting your arguments to the appellate court.

The common misunderstanding

Many people think the appellant is always the defendant or the person who 'appeals' the verdict, but either side (plaintiff or defendant) can be the appellant if they lost on an issue. Also, the appellant is not the one responding to the appeal; that is the appellee.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.