Frequently Asked Questions

An appeal asks a higher court to review a lower court’s decision for errors. Unlike a new trial, an appeal does not involve witnesses testifying or evidence being presented again. The appeals court reviews what happened in the trial court.

Disagreeing with the result is not enough to win an appeal. You need to identify an error that gives the appeals court a legal reason to change the decision. Generally, that means showing more than a harmless mistake.

Examples include applying the wrong law, improperly admitting or excluding evidence, or entering a judgment that the evidence does not support. Generally, the issue must have been properly raised in the trial court, and the error must meet the legal standard for reversal.

No. The appellate court decides the appeal using the record from the trial court. An appeal is not an opportunity to add documents or testimony that were never presented below.

The appellant is the party asking the appeals court to change the lower court’s decision. The appellee is the opposing party, usually defending that decision.

Most civil appeals from district and county courts go to one of the fourteen regional courts of appeals. The appropriate court of appeals usually depends on where the case was heard. Certain cases—including appeals from the Texas Business Court—go to the Fifteenth Court of Appeals, which has statewide jurisdiction over specified matters.

In most civil cases, you must wait for a final judgment resolving all claims and parties. Some orders can be appealed before then, but only when the law allows it. A ruling against you during a case is not automatically eligible for an immediate appeal.

There is no single timetable. The time needed depends on preparing the record, submitting briefs, and the appellate court’s consideration of the issues. Some cases receive priority.

The appeal generally begins with a notice of appeal. The trial-court record is then prepared and filed, and the parties submit written arguments called briefs. The appellate court may hear oral argument before issuing its decision. Afterward, a party may seek rehearing or further review.

The record contains the materials the appellate court uses to review the case. It generally includes the clerk’s record—filed documents and court orders—and, when needed, the court reporter’s record of testimony and exhibits. The trial-court clerk and court reporter prepare their respective portions; the parties must arrange for the necessary materials.

Briefs are written arguments explaining each side’s position, supported by legal authorities and references to the record. The appellant explains why the decision should change. The appellee responds, and the appellant may file a reply.

A represented party does not need to appear personally before an appellate court. Much of the appeal happens through written filings. If oral argument is scheduled, your lawyer presents it.

Oral argument gives each side an opportunity to explain its legal position in person and answer the judges’ questions. It is not a hearing for new evidence. Not every appeal receives oral argument; the appellate court may decide the case on only the briefs and record.

Take the appeal seriously even if you won in the trial court. Review the notice with your lawyer and plan your response. As the appellee, you generally defend the judgment by responding to the appellant’s arguments in a brief.

The appellate court can leave the decision in place, change it, or overturn all or part of it. Depending on the error—if one is found—the appellate court may enter the judgment the trial court should have entered or send the case back for further proceedings. An appeal can also be dismissed without a decision on the underlying dispute.

Not necessarily. Winning may mean that the case returns to the trial court for a new trial or other proceedings. The other side may also seek further review. What happens next depends on the appellate court’s decision and instructions.

In a civil case, you can generally ask the Texas Supreme Court to review the court of appeals’ decision by filing a petition for review. The supreme court decides which cases to accept, so another review is not automatic.