appellee

Appellee is a legal term used in appellate courts to refer to the party against whom an appeal is filed. In an appeal, the appellant is the party who seeks to overturn or modify the lower court’s decision, while the appellee defends that decision. The appellee is typically the party who prevailed in the trial court, but this is not required; the crucial factor is that an appeal has been brought against that party’s judgment.

Across jurisdictions, the term is used alongside or interchangeably with respondent. In many U.S. courts, the appellee or respondent answers the appeal by arguing that the lower court’s ruling should be affirmed. The appellee’s brief typically counters alleged errors and explains why the record supports the original decision. The appellant bears the burden to show reversible error; the appellee argues that any errors were harmless or not sufficient to reverse.

Etymology and usage: Appellee comes from the verb appeler “to call” in French, with the -ee suffix indicating the person who is called upon. The term has been in legal use since the medieval and early modern period. In some jurisdictions, especially in family or administrative matters, the term respondent is preferred or used in the caption and briefs.

In a case caption, the appellee is identified by name and may appear as “Plaintiff-Appellee” or “Defendant-Appellee” depending on the party’s position on appeal. The term helps designate the party whose interests are defended on appeal and distinguishes them from the appellant.