When a lawsuit reaches a decision, the losing party may believe that an error occurred during the trial that affected the outcome. In such instances, the next legal step may involve an appeal. Appellate courts play a crucial role in the judicial system by reviewing trial court decisions to ensure fairness and adherence to the law.

What Is an Appellate Court?
Appellate courts are responsible for reviewing decisions made by lower trial courts. Unlike trial courts, which hear evidence and testimony, appellate courts focus on reviewing the legal procedures and rulings of the trial court to determine if errors occurred that impacted the case’s outcome. These courts do not re-hear cases, accept new evidence, or retry defendants; instead, they evaluate whether the law was applied correctly to the facts of the case.

The Appellate Process in Nebraska

The appellate process generally follows these steps:

Filing a Notice of Appeal – The party seeking an appeal (the Appellant) must file a notice of appeal within 30 days of the trial court’s judgment.
Preparing the Record on Appeal – The trial court’s records, including transcripts, evidence, and motions, are compiled for review by the applicable appellate court.
Submitting Written Briefs – Both sides submit written arguments. The Appellant argues why the trial court’s decision was incorrect, while the opposing party (the Appellee) defends the ruling.
Oral Arguments (If Applicable) – In some cases, the appellate court may allow attorneys to present oral arguments to clarify key points. The Appellant and Appellee have limited time to present their arguments to the appellate judges, who may ask clarifying questions.
Appellate Court Decision – The appellate court will issue a ruling, which may affirm (uphold), reverse (overturn), or remand (send back) the case for further proceedings in the trial court.
Petition for Further Review – After the appellate court’s ruling is issued, should either the Appellant or Appellee believe the appellate court erred in its decision, it can petition the Supreme Court of Nebraska for further review. The Supreme Court may or may not hear further arguments in such cases.

Possible Outcomes of an Appeal
The appellate court’s ruling can lead to several possible outcomes:

Affirmation – The court upholds the original decision, meaning no change occurs.
Reversal – The court finds errors in the trial court’s ruling and overturns the decision.
Remand – The court sends the case back to the lower court for further proceedings, often with specific instructions.

Why Do I Care About the Appellate Process?

Appellate Courts Focus on Legal Errors – Appeals do not involve new evidence or witness testimony; they strictly review legal and procedural mistakes.
Timelines Are Critical – Missing deadlines for filing an appeal can result in losing the right to challenge a decision.
Success Is Not Guaranteed – Winning an appeal requires strong legal arguments demonstrating that an error affected the trial’s outcome. Careful consideration of a case as a whole, the applicable law, and decisions of the trial court affect the outcome of an appeal.
Legal Representation Matters – An experienced appellate attorney can provide in-depth legal analysis and advocacy to improve the chances of a favorable outcome.
Appellate courts serve as an essential safeguard in the justice system, ensuring that legal proceedings are fair and lawful. If you are considering an appeal, consulting with a one of Abrahams Kaslow & Cassman’s knowledgeable appellate attorneys is crucial to navigating the process effectively.

Brenna Bushey is an associate with AKC Law. She can be contacted at (402) 392-1250.