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An appellant is a person or entity who challenges a decision made by a lower court or authority by filing an appeal. This process involves requesting a higher court to review and potentially overturn the ruling. The individual or entity against whom the appeal is filed is known as the appellee.
Table of content
Legal Use & context
The term "appellant" is commonly used in various areas of law, including civil, criminal, and family law. When a party believes that a court's decision was incorrect, they may choose to appeal that decision. This process often involves specific legal forms and procedures, which can be managed by users with the right resources, such as the legal templates provided by US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner loses a property dispute in a local court. Believing the judge made an error in interpreting the law, the homeowner files an appeal to a state appellate court.
Example 2: A defendant is convicted of a crime and believes that their trial was unfair. They decide to appeal the conviction to a higher court for review. (hypothetical example)
State-by-state differences
State
Appeal Process Overview
California
Appeals must be filed within 60 days of the judgment.
Texas
Appellants have 30 days to file an appeal after a final judgment.
New York
Appeals must be filed within 30 days, but specific rules apply for different types of cases.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Appellant
The party who files an appeal.
Appellee
The party against whom the appeal is filed.
Appeal
The process of seeking a higher court's review of a lower court's decision.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a position where you need to appeal a court decision, consider the following steps:
Review the decision carefully to identify grounds for appeal.
Consult with a legal professional to understand your options and the appeal process.
Explore US Legal Forms for templates that can help you prepare necessary documents.
Be mindful of deadlines for filing your appeal.
Find the legal form that fits your case
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