appellant

An appellant is a party who files an appeal to have a lower court’s decision reviewed by a higher court. The appellant seeks to overturn or modify the ruling, and may request a new trial or changes to the judgment. In the United States the opposing party is commonly referred to as the appellee; in other jurisdictions the term used is often the respondent.

The appeal is initiated by a notice of appeal and the preparation of an appellate record, including transcripts, exhibits, and briefs. The appellant submits a brief outlining alleged errors of law or procedure and the relief sought, while the appellee responds with a counter-brief. In many systems, the appellant may file a reply brief as well. Some jurisdictions also permit or require oral argument.

Grounds for appeal typically involve errors of law, misapplication of legal standards, procedural irregularities, or lack of substantial evidence to support the trial court’s ruling. The standard of review governs how the appellate court analyzes the record, with standards such as de novo review for questions of law, and deferential review for factual findings or discretionary decisions.

Outcomes vary: the appellate court may affirm, reverse, vacate, remand for a new trial, or modify the judgment. Generally, new evidence is not admitted on appeal, though limited exceptions exist. The term derives from Latin appellare, meaning to call upon or appeal.