What Happens If You Lose an Appeal?

In civil and criminal cases, losing parties usually have the right to appeal if they are unhappy with the court’s decision at trial. There must also be a legal basis for alleging a mistake at trial. The case is then passed to the appellate court, which looks for a legal mistake and decides whether that mistake affected the judge's final decision.

When the appellate court agrees with the losing party, the decision will be altered to reflect the agreement, and the case could go to retrial. But what happens if you lose an appeal in court? 

Most of us know what happens after an appeal is granted in an appellate court — the final judgment is reconsidered, and the case potentially goes to retrial. An outcome without legal mistakes is ensured so there will be a fair judgment for the losing party. But what does it mean to lose an appeal?

For instance, let's assume a case where "Company A" appeals against a lower court decision that it violated the terms of a trademark license agreement with "Company B". If, upon examination, the appellate court does not find any legal mistake in the trial that affected the judgment, the appeal would be denied. This means that the appellate court agrees with the lower court's decision that "Company A" did indeed violate the terms of the trademark license agreement.

Losing an appeal like this signifies that the judge of the appellate court agrees with the judgment of the lower court. The appellant will lose the appeal if the appellate court finds no legal wrongdoing and no proof of anything that impacted the final judgment. At this point, the case ends, and the losing party must accept the decisions of the lower court. Alternatively, the appellant can petition for rehearing or challenge the judgment in the Supreme Court.

Having established what it means to lose an appeal, it's essential to also understand the broader context of an appeal within the judicial process. The appeal procedure involves several steps, each integral in the pursuit of justice. A fundamental question that often arises in relation to this is, what happens if you lose an appeal?

Here is a quick look through all the steps that you can expect as part of the appeal procedure:

It is important to note that appeals are purely for the higher court to review the lower court’s decisions on cases. Sharing new or previously unpresented evidence and talking to new witnesses are not allowed as part of the appeal process. An appeal is also not the way to get a new judge or jury. 

Moreover, not all appeals with legal errors will be approved. Some legal mistakes are harmless and result in a fair trial despite their existence. If the error had no bearing on the judge’s verdict, the appeal will not be granted.

After losing an appeal, the losing party can petition for a rehearing to contest the decision. The party formally asks the court to review the final opinion given by the appellate court. In many cases, a rehearing won’t be granted unless a major error was made during the appeal process or if the case was not looked at fairly. Examples include:

If you wish to petition for a rehearing, you must submit the petition within a certain number of days after the appellate court’s decision is made. The number varies by state but is typically a tight deadline, such as the 15-day window in the state of California. You may want to speak to an attorney as soon as possible so that you won’t miss out on this option following a lost appeal.

Another option for the losing party is to take the case to the Supreme Court. A request goes to the Court asking that they review the case and challenge the decision of the appellate court. However, the Supreme Court has the right to turn away petitions it does not want to take on. In most cases, you need to ask for permission to appeal from the court that made the judgment, and you have 30 days from the date the appellate court issued its opinion to submit a petition for review by the Supreme Court.

Even if your case does reach the Supreme Court, you might still not get the result you’re looking for. At this point, can you appeal a Supreme Court decision? In some cases, it is possible to challenge the Court’s decision, but in most cases, its opinion is final. 

An appeal is not the only option when challenging court rulings. The other primary type of post-conviction relief is a writ of habeas corpus. This differs from a regular appeal in that the losing party can present new evidence and raise new arguments not presented in the initial court hearing. Moreover, there is no strict application deadline. 

However, obtaining this form of relief can be challenging. Issues that could have been raised through a direct appeal are not usually accepted as this form of post-conviction relief. Common grounds for acceptance include jury or judicial misconduct, ineffective assistance of counsel, or violation of due process.

Having read this article, you have a strong understanding of what an appeal is, potential scenarios under which one might lose an appeal, and what subsequent options exist for procuring further court opinions. Upon considering what happens if you lose an appeal, remember that there's value in seeking advice from an attorney proficient in appellate law. It's integral to remember that everyone is entitled to a fair trial, and a lawyer can be instrumental in assisting you through the complexities of the appeals process.