Appellate Terms - Appellate Courts Only

Affirm

Affirm is to sustain or uphold. To agree with the trial court.

Appeal

Appeal is to ask the court at the next higher level to determine whether the trial court erred.

Appellant or Petitoner

Appellant or Petitioner is the party initiating an appeal.

Appellate Brief

Appellate Brief is a common form of a brief which argues that the trial court erred in some way and asks an appellate court to reverse or modify the trial court's decision.

Appellee or Respondent

Appellee or Respondent is the party responding to an appeal.

Brief

Brief is a written document that supports a legal position at trial, usually in support of a motion or pleading. When party submits a brief during or before trial (trial brief), the other party has the right to submit a brief in response (response brief).

En Banc

En Banc is when the entire appellate level court sits to hear and decide a case, indicating the case has a high level of importance.

Habeas Corpus

Habeas Corpus, literally means "you have the body", and is what a party files is they feel their constitutional rights have been violated. Refers to a variety of writs whose object is to bring a person before a court or judge and is directed to the official person detaining another, commanding him or her to produce the body of the person detained so the court may determine is such person has been denied his or her liberty without due process of the law.

Notice Of Appeal

Notice Of Appeal is a legal document and is a written notification written in motion form that a party intends to appeal. Most court rules require the motion be filed with the trial court, the appellate court and sent to any other parties involved in the action. A party has the automatic right to one appeal to the next highest court.

Petition for Writ of Certiorari

Petition for Writ of Certiorari is issued by the higher court, if the higher court approves the petition, the higher court will review the case. If higher court denies the petition, the decision of the lower court stands. Decision can be affirmed, modified or remanded by the Appellate Court.

Petitioner

Petitioner is one who commences a formal written application requesting some action or relief in a special hearing, addressed to the court for determination.

Precedent

Precedent is a prior case, usually a written court opinion, that a subsequent court may rely upon when deciding a matter with similar facts and/or issues.

Remand

Remand is when the appellate court sends the case back to the trial court for further deliberation.

Respondent

Respondent is one who commences a formal written application requesting some action or relief in a special hearing, addressed to the court for determination.