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Court Of Appeals

A court of appeals is a higher court that reviews decisions from a trial court to check if legal mistakes were made, not to re-hear the facts of your case.

What it actually is

It is an intermediate-level appellate court, typically one step above the trial court and one step below the highest court in the jurisdiction. After a trial court issues a final judgment, a party who disagrees can ask the court of appeals to review the trial record for errors in how the law was applied or followed.

Why it matters in your case

If you lose at trial, the court of appeals is your first opportunity to challenge the outcome based on legal error; however, you normally must act quickly after the trial ends. Even if you win at trial, the other side may appeal to this court, which could overturn your victory or order a new trial.

The common misunderstanding

Many people mistakenly think the court of appeals will let them present new evidence or retell their story, but it only examines the existing trial record and legal arguments. Another common misunderstanding is that an appeal guarantees a reversal; in reality, most appeals fail because the court defers to the trial judge's factual findings.

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.