Our appellate attorneys are knowledgeable and experienced in both civil and criminal appeals. We manage all aspects of an appeal, emphasizing thoroughness. We handle our own appeals as well as those from cases tried by other firms. Our attorneys have also authored amicus curiae briefs, representing the interests of non-parties providing input on how the appellate court should decide a case.
An appeal is a request for a higher court to review the judgment or decision of a lower court. In Maine’s state court system, the Maine Supreme Judicial Court (also called “the Law Court”) considers appeals from trial courts such as the Superior Court, District Court, and Probate Court. In the federal court system, the First Circuit Court of Appeals considers appeals from the U.S. District Court for the District of Maine, as well as other U.S. District Courts within the First Circuit.
Appeals in state and federal courts follow a similar process. Once an appeal is filed and the trial court record is complete, the appellate court sets a briefing schedule. The appellant (the party initiating the appeal) and the appellee (the party opposing the appeal) each submit a brief. The appellant’s brief outlines why the trial court’s decision should be altered or vacated, while the appellee’s brief argues for maintaining the trial court’s decision. The appellant may also file a reply brief addressing new arguments made in the appellee’s brief. The appellate court may hold an oral argument if deemed beneficial. During oral argument, the parties present their positions and answer questions from the judges. The appellate court then deliberates and releases an opinion detailing its decision and reasoning.
