Federal civil judgments and verdicts are the result of civil and criminal trials, but may not be the last step in a party’s case. In certain circumstances, the party that is unsuccessful at trial has the right to appeal an adverse outcome to the federal circuit, which has jurisdiction. One of those is the Eighth Circuit Court of Appeals.
Regardless of whether you have a pending civil or criminal appeal in the Eighth Circuit or your case is still proceeding through trial, you must understand the appeals process. With an experienced appellate law firm, you can make your strongest argument for an appeal. Count on The Keleher Appellate Law Group to advocate for you.
What is the Jurisdiction of the Eighth Circuit?
When a party desires to appeal a trial verdict or judgment, they must ensure they appeal to the correct district. In the federal appellate system, every state falls under the jurisdiction of a certain federal district. Based in St. Louis, Missouri, the Eighth Circuit Court of Appeals includes the district and bankruptcy courts of Missouri, Arkansas, Iowa, Minnesota, Nebraska, North Dakota, and South Dakota.
The Eighth Circuit does not retry a case; rather, it examines how the trial proceeded to ensure that appellate law was followed. This means reviewing the record for factual and legal errors, misconduct, bias, to determine whether newly discovered evidence should be considered, and (for criminal cases) the adequacy of the defendant’s legal counsel.
The Court reviews appeals of final trial decisions in both criminal and civil matters. Various legal disputes may give rise to an appeal. These are a few examples:
- Breach of contract
- Business fraud
- Business torts
- Bankruptcy
- Civil rights matters
- Criminal cases
- Employment discrimination
- Intellectual property rights
Basis For an Appeal in the Eighth Circuit
Many people incorrectly believe an appeal is essentially a second chance to try one’s case, but this is not. Losing is not enough to file an appeal. An appellant must be able to articulate one of several specific grounds for an appeal:
- Errors of law: When a district court incorrectly applies the law, this mistake is known as an error of law. The judge might have misunderstood a statute in question or a court opinion that interprets it.
- Errors of fact: An error of fact, on the other hand, means the court relied on poor evidence in making a decision or committed some other factual error. Since trial court decisions are based on the unique facts of a case, an error of fact may support an appeal.
- Procedural errors: Trial court proceedings are governed by complex procedural rules, and courts must follow these to ensure all parties’ due process rights are protected. An example of a procedural error is the incorrect decision to either admit or exclude evidence.
- Misconduct or bias: Judges and jurors alike must act appropriately at all times and avoid actions that could unduly prejudice a party’s position in the case. If the U.S. Attorney engaged in misconduct in a criminal trial, for instance, the defendant may be able to appeal.
- Newly discovered evidence: The existence of evidence that was not available during the trial could justify an appeal if it is sufficient to have affected the outcome. The Court will weigh the value and impact of the evidence.
- Ineffective assistance of counsel (criminal cases): A criminal defendant has the right to sufficient legal defense, but ineffective representation may justify an appeal. This is a difficult standard to meet, but may include the lawyer’s failure to reasonably investigate the case.
Eighth Circuit Rules and Procedures
Every court, including courts of appeal, have intricate rules and procedures that control every aspect of a case. The set of procedural rules governing appeals is known as the Federal Rules of Appellate Procedure (FRAP). In addition to the FRAP, the Eighth Circuit has its own unique set of local rules.
It is imperative that the attorney you hire be familiar with the nuances of these rules because their application to a specific appeal can seriously impact the outcome. Both sets of rules concern such matters as:
- A party’s right to an appeal
- Filing fees for an appeal
- How to file and serve a notice of appeal
- What a party must include in its appeal
- The record on appeal
- Appellate briefs
- Oral arguments
- Time deadlines and extensions
- Stays and injunctions
- Specific rules and procedures that apply to civil and criminal appeals
- How to file and serve motions
- Habeas corpus proceedings
- Extraordinary writs (rare orders that grant unusual forms of relief)
- Page limits, word limits, and required copies
- Electronic filing
- Special rules for bankruptcy, tax, and other types of appeals
- Dismissal and sanctions if a party violates a rule
What to Expect During Your Eighth Circuit Appeal
Every successful appeal in the Eighth Circuit will follow certain basic steps. Your attorney will guide you through each of the following:
- Filing the Notice of Appeal: First, you must file the Notice of Appeal in the district court. This informs all relevant parties and the court of your intent to appeal the verdict or judgment.
- Preparing the Record on Appeal: Because the appellate judges were not present during the trial, this record is essential to their understanding of what happened and why the appellant is appealing.
- Filing the briefs: Both the appellant and the appellee file briefs which lay out their legal arguments either for or against the merits of the appeal.
- Making the oral argument: Oral argument allows the Court to better understand your case. Lawyers use it to clarify their arguments and to answer questions that the judges have.
Once the appeal concludes, the Court will usually do one of the following:
- Affirm the district court’s ruling
- Reverse the district court’s ruling in whole or in part
- Remand the case to the district court and provide instructions for how to address a specific issue raised on appeal
Contact Our Eighth Circuit Court of Appeals Attorney
It’s important to understand that if you have received an unfavorable ruling from the district court, you only have a short amount of time to potentially appeal it. You should therefore speak with an experienced appellate law firm that understands the merits of an appeal, as well as the rules, standards, and procedures that apply.
For clients located in the Eighth Circuit, that firm is The Keleher Appellate Law Group. Reach out to us today to get started with your appeal or to learn more about the appeals process.
The Keleher Appellate Group, LLC, serves clients in Chicago, Denver, St. Louis, Indianapolis, and the surrounding areas in Illinois, Indiana, Missouri, Wisconsin, and Colorado. We also provide our services nationwide and internationally.