Appellate
Top Appellate Counsel for Colorado and Federal Courts
Elite Litigators and Appellate Lawyers for Your Business.
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Request a Consultation and Tell Us What You’re Facing.
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Appellate Services
Your Experienced Appellate Specialists
Not all disputes end at trial. In some cases, a party may not be happy with the result and want to keep fighting—or, the trial court may have made a mistake. In those cases, the litigation may continue on to a court of appeals, where a panel of judges will review the decision of the lower court and determine if the lower court’s judgment complied with the law and applicable rules or standards.
When that happens, you need appellate specialists who are familiar with how the courts of appeals work, their unique procedural requirements, and the arguments that they will find most persuasive. At Cambridge Law, our attorneys have extensive experience working with courts of appeals, both as advocates for their clients and even as employees of the court system. We can put this expertise to work for you, and give your case the best possible chance for success on appeal.
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Frequently Asked Questions
What is an appeal?
An appeal is the legal process of asking a “higher” court (usually the court of appeals) to review an order or judgment issued by a lower court (usually the trial court). Basically, the higher court will decide whether the lower court “got it right.”
I disagree with the trial court’s final ruling in my case. Can I appeal?
Yes. Each party has the right to appeal the trial court’s decision. But some types of rulings are more difficult to challenge than others.
Is there a deadline to file my appeal?
Yes—and if you miss the deadline, you miss your chance to appeal. In federal court, most civil appeals must be brought within 30 days of the order or final judgment being appealed. In Colorado state court, most civil appeals must be brought within 49 days of the order or final judgment being appealed. Some types of cases have shorter deadlines. Check with an attorney to find out the applicable deadline in your case.
When does the time to appeal begin to run?
This is an important question, and the answer is more nuanced than you might think. In general, the time to appeal begins to run when the trial court has resolved all the rights and liabilities of all the parties in the case. Many people have fallen into the trap of not knowing when their time to appeal began to run and have had their appeal dismissed. Again, check with an attorney for help in calculating the correct date.
Does the court of appeals hold another trial?
No. The court of appeals only “reviews” what happened in the trial court. In other words, the court of appeals looks at the transcripts of any relevant hearing or trial testimony together with the documents filed in the trial court. No “new” evidence can be presented. The court of appeals will not even consider any new legal “arguments.”
What does the process of an appeal look like?
A “Notice of Appeal” is the document that starts an appeal. After the Notice of Appeal has been filed, the court of appeals will issue a schedule for the parties to submit written arguments, called “briefs.” The briefing consists of: (1) an “Opening Brief” filed by the person who is appealing (called the appellant); (2) a “Response Brief” or an “Answer Brief” filed by the opposing party (called the appellee); and (3) a “Reply Brief” filed by the appellant. Drafting an appellate brief is a significant undertaking. It generally requires a thorough review of the trial court record, in-depth legal research, and analysis on the issues that are being appealed.
Is there a chance to make oral arguments to the court of appeals?
Often, yes. But it is up to the court of appeals to decide whether to allow oral argument. Even when oral argument is permitted, it is very limited. Generally, each side is allowed only 15 or 20 minutes to present arguments. If you are represented by counsel in your appeal, only your attorney will be permitted to speak at the oral argument.
How long does an appeal take from start to finish?
It usually takes about 8 to 12 months from the time the Notice of Appeal is filed to the time the court of appeals issues a final decision. But there is no hard-and-fast rule. It could be longer than 12 months or shorter than 8 months.
Can I appeal any part of the trial court’s ruling that I disagree with?
Technically, yes, but you probably should not appeal every point with which you disagree. Some errors by the trial court are considered “harmless” because the outcome of the case would not be affected even if they were corrected. As a general rule, erroneous factual determinations are more difficult to overturn than erroneous legal conclusions. Therefore, it is usually most productive to focus on significant legal errors committed by the trial court. Often, however, the trial court’s factual determinations also need to be challenged.
My case in the trial court is not done yet, but the trial court issued a ruling that I disagree with. Can I appeal that ruling?
Maybe. This issue is complicated and depends on what kind of ruling is at issue. In general, most decisions of the trial court cannot be appealed until the trial court is finished with the case. There are exceptions. Talk with an attorney to see if you are able to immediately appeal a particular ruling in your case.
I am generally pleased with the trial court’s decision, but I think the other side may try to appeal. What does that mean for me? Do I have to appeal, too?
You are not required to appeal, but if the other side files an appeal, you will be designated the “appellee” and, as such, will be required to draft and file a “Response Brief” or an “Answer Brief.” You may also need to participate in oral argument (if oral argument is ordered by the court of appeals). If you think the other side is going to appeal, it may be wise to affirmatively appeal aspects of the trial court’s decision you disagree with, since you will be forced to appear before the court of appeals regardless. Talk with a lawyer to help you determine what is the best course.
How much does an appeal cost?
Appeals are expensive, but not nearly as expensive as trial-court litigation. In a hotly contested trial proceeding, the attorney fees and litigation expenses can be hundreds of thousands of dollars. An appeal will typically cost significantly less. In addition, the appellee’s fees are usually less than the appellant’s fees (primarily because the appellee has to draft only one brief whereas the appellant has to draft two briefs). At Cambridge Law, we can handle your appeal from start to finish for a flat fee (calculated after a review of your case), fully explained to you before we begin any work. Or, if you prefer, we also offer an hourly rate option.
I’m not sure if I have a good appeal. Can Cambridge Law review my case and let me know if there are issues that would be strong arguments on appeal?
Yes, of course. Sometimes it makes sense to appeal. Sometimes it doesn’t. We’ll review your case and discuss our expert analysis with you. That way, you can make an informed decision whether to appeal or not to appeal. We provide this review and analysis for a modest fee. Contact us to discuss the circumstances of your case.
Can my trial lawyer also handle my appeal, or should I hire an appellate lawyer for my appeal?
Your trial counsel likely knows your case inside and out. If he or she is also experienced in appellate proceedings, it may be beneficial to have him or her also handle your appeal. But an appeal is completely different from a trial—it is governed by a different set of rules and it requires a different set of skills. An appellate lawyer will have the specialized skills and knowledge to give you the best chance of winning on appeal.
What happens if the Court of Appeals makes a mistake too?
If you don’t like the result of the Court of Appeals, you can ask the Colorado Supreme Court or the U.S. Supreme Court to review your case. But unlike the Court of Appeals, the Supreme Court doesn’t have to take the appeal. In fact, the Supreme Court accepts only a small percentage of cases that are presented for review.
How do I ask the Supreme Court to review my case?
The first step in seeking review by the Supreme Court is to file what is called a “petition for certiorari.” The only focus of the petition for certiorari is to convince the Supreme Court that it should “take” the case (i.e., the purpose is not to convince the Court that you should “win” the case). The Supreme Court will not take a case just to correct an “ordinary” legal error. Rather, the Supreme Court typically grants a petition for certiorari only (1) where the case presents a significant point of law that needs to be addressed or (2) where there are conflicting decisions by the Court of Appeals that need to be resolved.
If, after reviewing the petition for certiorari, the Supreme Court wants to hear the case, it will grant the petition and invite the parties to fully brief the “merits” of the case. (The purpose of the “merits” briefing is to convince the Supreme Court that you should “win” the case.)
How long does Supreme Court review take?
From the time the petition for certiorari is filed until the Supreme Court issues a final decision varies widely (depending on when the petition for certiorari is filed), but is often between 12 to 16 months.
Does Cambridge Law handle appeals to the Supreme Court?
Yes. We handle appeals to both the Colorado Supreme Court and the U.S. Supreme Court. If you think your case is worthy of an appeal to the Supreme Court, contact us to discuss the details.