The Appeal Process

Learn how an appeal works and the stages and steps in the process.

Overview

An appeal in the Ninth Circuit begins at the level of the lowest federal court.

In general, your case starts with a decision from a federal District Court, Tax Court, or the Bankruptcy Appellate Panel.

If you don’t agree with the decision of the lower federal court, you can appeal it in the U.S. Court of Appeals. You can’t present new evidence or testimony. The Court of Appeals – usually a panel of three judges – considers everything that has occurred in the case so far. They read all the documents that you and your opposing party file during your appeal. They review to see if the lower court or agency made a constitutional, legal, or factual mistake.

If you don’t agree with the decision of the court of appeals, you can ask the U.S. Supreme Court to review your case.

Guides to the Appeal Process

There are three stages of an appeal case:

1. Opening

2. Briefing

3. Decision

Our guides explain the steps you’ll take in each stage, whether you’re an attorney or representing yourself.

Opening a Case

To start an appeal, you must file in the lower court where your case started.

After Opening a Case – a Guide for People Without an Attorney

Information for people representing themselves – pro se litigants – before the court

After Opening a Case - a Guide for Attorneys

Appellate Practice Guide and Education Programs

Read our comprehensive guide to the appeal process, and view the latest Appellate Advocacy educational programs.

Training

The court provides training about the appeal process. Anyone may participate.