Appellate practice is a unique and critical aspect of litigation, providing parties with the opportunity to seek review of a trial court’s decision. Whether in a civil dispute or a domestic relations case, understanding the appellate process under Alabama law is essential. This article outlines the key stages of an appeal and highlights important rules under the Alabama Rules of Appellate Procedure (ARAP).
- What is an Appeal?
An appeal is not a re-trial of the case but a review of the legal decisions made by the trial court. The appellate court examines whether the trial court correctly applied the law based on the record and briefs submitted by the parties. Generally, appellate courts will not disturb factual findings made by the trial court unless they are clearly erroneous. However, questions of law are review de novo, in other words, the trial court is not afforded a presumption of correctness on issues that are purely questions of law. - When Can You Appeal?
In Alabama, not all orders are immediately appealable. Appeals in civil domestic relations cases must typically be taken from a final judgment. A final judgment is one that resolves all the claims and rights of the parties in the case. If an order is not final, the appellate court may lack jurisdiction, and the appeal may be dismissed.
However, some interlocutory orders (orders that do not dispose of the entire case) can be appealed if allowed by statute or under special circumstances as outlined in Rule 5, ARAP (for permissive appeals) or via a petition for writ of mandamus or writ of prohibition. - Time Limits for Filing an Appeal.
A critical aspect of appellate procedure is the time within which an appeal must be filed. For civil cases, an appeal must be filed within 42 days of the entry of a final judgment (ARAP 4(a)(1)). In domestic relations cases, such as divorce or child custody disputes, the same 42-day deadline applies. If the appeal is from an order denying a post-judgment motion (such as a motion for a new trial under Rule 59 of the Alabama Rules of Civil Procedure), the appeal must be filed within 42 days of the ruling on that motion. In other words, the filing of certain post-trial motions will toll the time for filing your Notice of Appeal. - Notice of Appeal.
The process begins with the filing of a notice of appeal in the trial court, as per ARAP 3(a). The notice must include basic information, such as the names of the parties, the court from which the appeal is taken, and a designation of the judgment or order being appealed. The filing of the notice of appeal is jurisdictional—failure to file it within the applicable time frame will result in dismissal. - Record on Appeal.
The record on appeal is essential because appellate courts do not consider new evidence. Under ARAP 10, the record includes the clerk’s record (pleadings, motions, orders, etc.) and the transcript of the trial, if there was one. It is the appellant’s responsibility to ensure the entire record necessary for the appeal is transmitted. If the transcript is not available or not necessary for the issues raised on appeal, a statement of the evidence can be used as provided in ARAP 10(d). If the record is incomplete, it may be supplement by filing the proper motion. - Briefs.
The arguments on appeal are presented through written briefs. The appellant (the party appealing) must file an initial brief, as described in ARAP 28(a*, outlining the errors they believe the trial court made. The appellee (the party responding to the appeal) then files a response brief. The appellant may file a reply brief to address issues raised in the appellee’s brief.
The appellant’s brief should contain:
– A statement of the issues presented for review.
– A statement of the case and facts, with references to the record.
– Legal arguments, with citations to relevant statutes, case law, and parts of the record.
The appellate courts will not do your lawyer’s research for them. - Oral Argument.
In some cases, the appellate court may schedule oral argument, where the attorneys for both sides present their case and answer questions from the judges. However, oral argument is not guaranteed and is at the discretion of the court, as stated in ARAP 34(a). If oral argument is not granted, the court will decide the case based on the briefs and the record alone. The granting of any request for oral argument on appeal is rare. - The Appellate Decision.
After reviewing the briefs and the record, and possibly hearing oral arguments, the appellate court will issue a written opinion. The court may affirm the trial court’s decision, reverse it, or remand the case back to the trial court for further proceedings. In rare cases, the court may modify the judgment. There is no definitive time frame for the rendering of an opinion on appeal. - Post-Appeal Options.
If a party is dissatisfied with the appellate court’s decision, they may file a request for rehearing under ARAP 40. This must be done within 14 days of the appellate court’s decision. Additionally, if the initial appeal was to the Alabama Court of Civil Appeals, a party may seek review by the Alabama Supreme Court by filing a Petition for Writ of Certiorari, as explained in ARAP 39. If granted, the Alabama Supreme Court would then review the decision of the Alabama Court of Civil Appeals in similar fashion.
Conclusion
Appealing a civil or domestic relations case in Alabama involves strict deadlines and procedural rules. Failure to comply with these rules can result in dismissal of the appeal or forfeiture of certain arguments. Parties considering an appeal should carefully review the Alabama Rules of Appellate Procedure and consult with experienced appellate counsel to navigate this complex process.
At Brackin Law Firm we have pursued and defended countless appeals for decades. If you are interested in appealing a case to which you are a party, or anticipate that you may need to do so at the conclusion of your current case, call us to discuss your concerns in greater detail.