Appeal: What You Need To Know

An appeal is a legal process where a higher court reviews a lower court's decision for legal errors. This is not a new trial, and no new evidence is presented during this judicial review. The appellate court examines the existing record instead of hearing witness testimony or reviewing claims that were not submitted at trial. According to the U.S. Courts, fewer than 9% of federal appeals result in reversals of the trial court ruling. At the state level, roughly 12–15% of criminal appeals result in a reversal, remand, or modification, according to the Bureau of Justice Statistics.

Despite these odds, a well-prepared appeal with an experienced appellate attorney can make a critical difference in your case outcome. At Fincher Law, we help clients across Kansas understand their options when a judge's decision goes against them. We are a personal injury and accident law firm with deep knowledge of Kansas courts and legal principles. This article will explain the appeals process, key steps, grounds for appeal, and how our counsel can help you pursue justice.

Understanding the Appeals Process and How It Works

The U.S. legal system follows a clear structure for most appeals. Cases generally move from the trial court to the appellate court, and sometimes to the supreme court for final review. In Kansas, the 14-judge Court of Appeals hears most appeals from district court decisions. The Kansas Supreme Court serves as the court of last resort and has jurisdiction over the most significant legal questions in the state.

In 2022, the Kansas Supreme Court handled 1,363 cases while the Kansas Court of Appeals managed 2,044, according to the Kansas Bar Association. The appeals process does not involve a jury or the presentation of new witness testimony. Instead, appellate judges review the trial record and written briefs and may hear oral argument from each party's attorney. At the conclusion of this review, the appellate court can affirm the lower court decision, reverse it, or remand the case for a new trial. At Fincher Law, we help clients determine whether grounds exist for a viable appeal.

Key Steps in Filing an Appeal

Filing an appeal involves strict procedural steps and tight deadlines. Missing any step can result in the appeal being dismissed, leaving the losing party without further options.

Filing a Notice of Appeal Within the Required Deadline

The first and most critical step is filing a notice of appeal with the trial court. This formal document notifies the court and the opposing party that you intend to challenge the ruling. The notice must follow specific rules, and a strict time limit applies to every case. For example, a person who loses a summary judgment motion must file within the same deadline as any other final order.

In Kansas, the appellant must file the notice of appeal within 30 days of the final judgment in civil cases under K.S.A. 60-2103. Criminal appeals follow their own timelines under Kansas appellate rules. Missing this deadline can permanently forfeit your right to appeal, regardless of how strong your legal arguments may be.

The appellant must also ensure the trial record is prepared and transmitted to the appellate court within 14 days of docketing. This record includes transcripts, evidence, and all legal documents from the original case. Many courts now accept electronic filing to streamline the process. At Fincher Law, we protect your right to appeal by meeting every procedural deadline.

Preparing Written Briefs and Presenting Oral Argument

After the notice of appeal is filed and the record is assembled, the core work begins. Written briefs form the foundation of most appeals and contain the legal arguments each litigant will present. These formal documents outline the appellant's claims and cite legal errors by the trial court, supported by case law and statutes decided in similar circumstances.

Kansas follows a specific briefing schedule for this process. The appellant's brief is due first. The appellee then has 30 days after service to file a response. An optional reply brief may be submitted within 14 days to address arguments raised by the opposing party. The appellate court may also schedule an oral argument, also called a hearing, where attorneys present their positions and answer questions from the judges.

Kansas Court of Appeals judges sit in panels of three to review cases. The quality of written briefs and oral arguments can significantly impact the outcome of your appeal. At Fincher Law, we prepare thorough, persuasive appellate arguments on behalf of our clients.

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Common Grounds for Filing an Appeal

Not every unfavorable verdict qualifies for appeal. There must be a specific legal error that affected the outcome, and the court must have jurisdiction to grant relief.

Legal Errors, Procedural Mistakes, and Evidentiary Issues

Appellate courts conduct judicial review to determine whether the trial court made reversible errors. These generally fall into four main categories:

• Errors of law: The judge misapplied or misinterpreted the law when making a ruling
• Procedural errors: Improper jury instructions, failure to follow court rules, or denial of a fair hearing for the defendant or plaintiff
• Evidentiary issues: Improper admission or exclusion of evidence that materially affected the verdict
• Abuse of discretion: The judge made a decision that no reasonable judge would have made under the circumstances

The appellant must show the error was "prejudicial." This means the mistake likely affected the outcome, not just a harmless error in the record. Appellate courts give deference to the trial court's factual findings but review legal conclusions independently. The same legal principles apply whether your case involves a superior court, federal circuit court, or state district court. At Fincher Law, our appellate attorney team can analyze your trial record to identify viable grounds for appeal.

Appealing to the Supreme Court After an Appellate Court Decision

If a party loses at the appellate court level, they may request further review from the Supreme Court. In Kansas, the losing party can file a petition for review with the Kansas Supreme Court. However, the Supreme Court is not required to accept the case, as review is discretionary and rarely granted.

The Supreme Court considers several factors when deciding whether to grant a petition. These include constitutional questions, conflicts between court of appeals decisions, and matters of public importance. In some cases, a party may also file a writ to challenge an agency decision or seek emergency relief through a motion. At the federal level, the U.S. Supreme Court reverses about 70–75% of the cases it accepts, but it grants certiorari on fewer than 100 out of roughly 8,000 petitions per year.

Kansas Supreme Court review is similarly selective at the state level. Having an experienced appellate attorney is critical when deciding whether to pursue a petition. At Fincher Law, we guide clients through every level of the appeals process with careful attention to legal principles and strategy.

How an Experienced Attorney Can Strengthen Your Appeal

Appeals are highly technical, document-driven, and procedurally complex. Hiring a skilled lawyer matters because this legal process differs significantly from trial-court litigation. Research shows appellate judges are more receptive to arguments from experienced appellate counsel. Represented appellees in particular benefit from specialized advocacy when briefs are submitted to the higher court.

At Fincher Law, we bring significant resources to your appeal:

• 25+ years of legal experience in Kansas courts
• Deep knowledge of Kansas appellate rules and procedures
• Thorough review of trial records to identify the strongest issues for appeal
• Skilled drafting of persuasive written briefs with clear, well-supported legal arguments
• Preparation for oral argument before appellate panels

We take a results-driven approach and offer a no-fee-unless-we-win policy for applicable case types, so you do not pay unless we achieve results.

Frequently Asked Questions About the Appeals Process

Contact Fincher Law To Discuss Your Appeal in a Free Consultation

The appeals process is complex, time-sensitive, and requires skilled legal advocacy to succeed. Strict deadlines apply to every case, and waiting too long can permanently eliminate your right to file an appeal. While reversal rates may seem low, a strong legal team can identify the best grounds and present the most persuasive arguments to the court.

At Fincher Law, we bring 25+ years of experience and deep knowledge of Kansas courts and appellate procedure to every case. We serve clients across Kansas, including Topeka, Overland Park, Wichita, Kansas City, Olathe, Lawrence, Manhattan, and Junction City. Our commitment to client results drives everything we do.

Call Fincher Law at (785) 430-5770 for a free case evaluation to determine whether you have grounds for a successful appeal. We are available 24/7 and ready to protect your rights at every stage of the legal process.