How an appeal works
From the notice to the decision
Every appellate court has its own rules, but the order is much the same. Here is what happens, and what you'll be doing at each stage.
- 01
Step 1: The first call and the deadline
Theodora asks for the date on the judgment and checks the time left. If it's short, the notice of appeal is filed first and the decision to go forward comes after.
- 02
Step 2: The notice of appeal
A short filing that tells the courts and the other side an appeal is coming. It keeps the right to appeal while the work begins.
- 03
Step 3: The record
Transcripts are ordered and the record is assembled. Theodora reads it in full, start to finish, and sends you a written view of the issues.
- 04
Step 4: The initial brief
The argument, in writing, with the law and the pages of the record behind each point. You see a draft before it's filed.
- 05
Step 5: The answer and the reply
The other side responds, and a reply brief answers them. Then the court has everything it needs.
- 06
Step 6: Oral argument, if any
Some courts hear argument and some decide on the briefs. If there is argument, Theodora argues it herself.
- 07
Step 7: The decision, and what's next
The court affirms, reverses or sends the case back. Theodora calls you when it comes and explains what the decision means and the options after it.
Before you start
How is the fee set?
In writing, before any work, after Theodora has seen the judgment and knows how long the record is. The agreement says what each stage covers and what it costs.
Who pays for the transcripts?
The client, in most cases. Court reporters charge by the page, and Theodora will tell you which transcripts are needed and roughly what they cost before ordering.
Will I need to go to court?
Rarely. An appeal happens on paper. If there is oral argument, you're welcome to attend, but you won't be asked to speak.
Can I see the brief before it's filed?
Yes. You get a draft with time to read it, and Theodora will talk you through any part of it.
Start with the date on the judgment
Everything in an appeal follows from it. Call, or send it with the case number.
The first call is free and doesn't make Theodora your lawyer.