Common Misconceptions About Appeals: What You Need to Know
The appellate process is often misunderstood by both clients and even some attorneys who primarily focus on trial work. Many people assume that an appeal is simply a "do-over" of a trial or that any unfavorable ruling can automatically be overturned. However, appeals have specific legal requirements and limitations that distinguish them from trial proceedings. Below, we debunk some of the most common misconceptions about appeals.
Misconception #1:
An Appeal is a New Trial
One of the biggest misunderstandings about appeals is that they function like a second trial where new evidence can be presented and witnesses can testify. In reality, an appeal is not a retrial. Appellate courts do not hear new testimony, accept new evidence, or reconsider the factual findings of a jury. Instead, they review the trial court record to determine whether any legal errors occurred that affected the outcome of the case.
Key Takeaway:
An appeal is a legal review—not a chance to retry the case. The appellate court evaluates whether the trial court correctly applied the law.
Misconception #2: You Can Appeal Simply Because You Disagree with the Verdict
Not every unfavorable outcome is grounds for an appeal. A person cannot appeal simply because they are unhappy with the decision. To succeed on appeal, a party must show that a legal error occurred during the trial that had a significant impact on the case. These errors might include:
Incorrect application of the law by the judge
Improperly admitted or excluded evidence
Jury instructions that misstate the law
Ineffective assistance of counsel (in criminal cases)
A verdict not supported by sufficient evidence
Key Takeaway:
A successful appeal requires showing that a significant legal mistake affected the trial's outcome—not just that the losing party disagrees with the decision.
Misconception #3:
An Appeal Will Automatically Overturn the Conviction or Judgment
Many people believe that filing an appeal will automatically lead to a new trial or a reversal of the trial court’s decision. However, appellate courts give great deference to trial court rulings and will only reverse a decision if a significant legal error is proven.
In many cases, an appellate court may affirm the lower court’s decision, meaning the original ruling stands. Even if an error is found, the appellate court might determine that it was "harmless"—meaning it did not affect the case’s outcome—and still uphold the verdict.
Key Takeaway:
Winning an appeal is not guaranteed. The appellate court may affirm the trial court’s ruling even if some errors occurred.
Misconception #4:
Appeals Are Quick and Inexpensive
Many people underestimate the time and cost associated with appeals. Unlike trial proceedings, where cases move forward based on testimony and evidence, appellate cases require extensive legal research, written briefs, and sometimes oral arguments. The process involves:
Filing a Notice of Appeal (must be done within strict deadlines)
Reviewing the trial court record and transcripts
Drafting and filing appellate briefs with persuasive legal arguments
Presenting oral arguments (if required)
Waiting for the appellate court's decision, which can take months or even over a year
This process requires significant attorney time and resources, making appeals more expensive than many people anticipate.
Key Takeaway:
Appeals are time-intensive and require meticulous legal work, making them costly and often lengthy.
Misconception #5:
Any Lawyer Can Handle an Appeal
Not all lawyers are skilled in appellate advocacy. Appeals require a different skill set than trial work, including advanced legal research, complex writing, and a deep understanding of procedural rules and case law. While a trial lawyer focuses on presenting evidence and persuading a jury, an appellate attorney must craft compelling legal arguments and analyze how the law should apply to a specific case.
Because appellate law is specialized, many trial attorneys refer appeals to experienced appellate lawyers who can better navigate the complexities of the appellate court system.
Key Takeaway:
Appellate advocacy is a specialized field. Hiring an experienced appellate lawyer increases the chances of a successful appeal.
Misconception #6:
You Can Appeal at Any Time
Appeals are subject to strict deadlines, and missing them can result in losing the right to appeal entirely. In both Texas and Arkansas, a party must file a Notice of Appeal within a specific timeframe after the trial court’s final judgment.
Texas: Under Texas Rule of Appellate Procedure 26.1, a Notice of Appeal must typically be filed within 30 days of the judgment. If a motion for a new trial is filed, the deadline extends to 90 days.
Arkansas: Under Arkansas Rule of Appellate Procedure – Civil Rule 4, the deadline is also 30 days from the entry of judgment. In criminal cases, the deadline for filing a Notice of Appeal is 60 days.
If a party misses these deadlines, they may lose their right to appeal permanently.
Key Takeaway:
Appeals must be filed within strict deadlines, and missing them can prevent a case from being reviewed.
Misconception #7:
A Higher Court Will Always Take the Appeal
Filing an appeal does not guarantee that an appellate court will review the case on the merits. Some appeals require permission from the appellate court before they will even be heard. For example:
In Texas, certain types of cases, like interlocutory appeals, require permission from the appellate court before proceeding.
In Arkansas, discretionary appeals, such as petitions to the Arkansas Supreme Court, may be rejected without a full review.
Additionally, higher courts, such as the U.S. Supreme Court, hear only a tiny fraction of cases that request review.
Key Takeaway:
Not all appeals are automatically accepted. Some require permission from the appellate court, and higher courts review only a small number of cases.
Final Thoughts: Understanding the Realities of Appeals
The appellate process is complex and highly technical, and many common misconceptions can lead to unrealistic expectations. An appeal is not a second trial, nor is it a guaranteed path to overturning a judgment. Instead, it is a careful legal review focused on identifying and correcting errors in the application of the law.
If you or a client is considering an appeal, it’s crucial to consult with an experienced appellate attorney who understands the process and can provide an honest assessment of the case’s strengths and weaknesses. With the right strategy, an appeal can be a powerful tool—but only when approached with a clear understanding of what it can and cannot achieve.
Need help with an appeal? Contact Mothershed Law today to discuss your appellate options.