Appellate Law Overview

Lower court decisions, verdicts, and rulings, permit any party adversely affected to appeal to a higher court to review error.  Generally, if the case was initially heard in state court, it should be appealed to the state appellate court. The federal circuit courts of appeals hear cases appealed from the U.S. District Courts. Additionally, the Court of Appeals for the Federal Circuit can hear appeals from cases across the country, in specialized areas such as patent laws or cases decided by the Court of Federal Claims.

To initiate an appeal, the “appellant” – the party appealing – must file a notice of appeal, and designate an appellate record consisting of materials from the trial court which the appellant wishes to present to the appellate court. A notice of appeal while short, is extremely important.  Select words in a notice for an appeal to be taken may impact the jurisdiction of the court to which the appeal is taken.

Appellate briefs are and should be fined tuned, well thought out, and always applicable to the law on which the facts should be applied.  Our opening briefs are measured and quantified to satisfy the designs of the basis of the appeal.  Some briefs require a greater factual discussion, and others may simply need to include a merit based discussion on the status of the law.  The case, our review, and our analysis permits a determination of the focus the matter seeks.

While we do not argue all matters, we brief in a manner that is also preparing us for oral argument. There are matters that should always be argued, but there are some which may not benefit from argument.  Appeals are often decided on the briefs and the briefs are a collection of refined thought and analysis.  Much like our brief writing, our oral argument style must be, and should be tailored to the matter before the court. 

Contact our appellate practice group if you are in need of the services of an appellate law firm that understands the complexity of taking or defending an appeal.  

Marzano Lawyers PLLC Appellate Attorneys assist clients in New York and Connecticut. We serve all of New York City and the surrounding area, including but not limited to Manhattan, Brooklyn, Queens County, Kings County, Bronx, Yonkers, Staten Island, Westchester County, New York County, Hudson County, Suffolk County, & Nassau County.

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