After filing an appeal in civil court, the case moves into appellate review.

The higher court looks at what happened in the trial court and decides whether a legal error affected the result.

An appeal isn’t simply another chance to try the same case. If you’re wondering, “What is an appeal?”, it is a request for a higher court to review a lower court’s decision. The appellate judges generally work with the existing record rather than hearing the entire dispute again.

That can be a difficult adjustment for someone who has already spent months or years in court. The witnesses may be gone, the trial may be over, and yet the case isn’t finished. What happens next is a more focused review of the legal issues raised by the appeal.

Preparing the Trial Court Record

Before the appellate judges can seriously consider the dispute, the record from the trial court must be provided. Under Federal Rule of Appellate Procedure 10, the record generally includes the original papers and exhibits, the relevant transcript, and certified docket entries.

If a transcript is needed, the appellant must follow the applicable procedure and deadlines for ordering it.

The appellate courts handle a substantial number of civil cases each year. In 2025, the 12 regional U.S. Courts of Appeals received about 41,000 filings. Of those, 22,812 were civil appeals from federal district courts, about a 7% increase from 2024. With that kind of caseload, the record matters.

Submitting Appellate Briefs

This is where an appeal becomes very different from a trial. This stage centers on each side getting to explain its position in writing.

The appellant’s brief identifies the alleged legal errors and explains why the lower court’s decision should be changed. The other side gets an opportunity to respond, and the appellant may then file a reply.

A good brief leaves less room for wandering. Saying, “The judge got it wrong,” isn’t enough. The argument needs to explain what the judge did, why the ruling was legally incorrect, and where the record supports that position.

Under the Federal Rules of Appellate Procedure 28, an appellant’s brief includes the issues presented, relevant facts, legal arguments, supporting authorities, and the relief being requested.

Presenting Oral Arguments

Some appeals also involve oral arguments. Lawyers appear before a panel of judges and answer questions about the issues already raised in the briefs.

And yes, the judges may interrupt. That’s part of the process. In fact, a lawyer who has prepared well should expect difficult questions. A question from the bench can sometimes reveal exactly what the judges are struggling with in a case.

Statistics show that oral argument isn’t always reached. Federal appellate data for fiscal year 2024 showed that about 23% of cases terminated on the merits were decided after oral argument, while about 77% were submitted on briefs.

Decision by the Appellate Court

Eventually, the appellate court issues its decision. It may affirm the trial court’s judgment, reverse it, or send the case back for further proceedings, which is known as a remand.

The result can also be mixed. One part of a judgment might survive while another part is changed.

The result may arrive as a written opinion or order. The decision itself may not always be the final word. Depending on the case and applicable rules, a party may have options for further review.

Quick Recap

• An appeal generally reviews the trial court’s record rather than starting a new trial.
• The record may contain transcripts, exhibits, pleadings, and court orders.
• Appellate briefs explain the alleged legal errors and support them with legal authority.
• Oral argument is available in some appeals, but many cases are decided on written briefs.
• The appellate court may affirm, reverse, or remand the case.
• Further review may be possible, depending on the case and applicable rules.