The United States Courts of Appeal are intermediate appellate courts that hear appeals from the United States district courts. They are thirteen circuits. Twelve cover geographic regions (circuits) and generally hear appeals from United States district courts within that circuit. There is also a Circuit Court for the Federal Circuit, located in Washington, D.C., which derives its jurisdiction from the subject matter at issue rather than geography. The United States Court of Appeals for the Second Circuit hears appeals from the federal district courts of New York, Connecticut, and Vermont.
United States district courts serve as the nation’s trial courts at the federal level. The circuit courts, in contrast, are tasked with determining whether an error of law has occurred at the federal trial court level. The circuit courts’ review is confined to the narrow points of law that determined the lower court’s decision as well as the evidence contained in the record on appeal. The decision of the circuit court will be binding on the district courts within the particular circuit. All circuits are bound by the decisions of the United States Supreme Court. However, the United States Supreme Court only decides approximately seventy appeals per year, despite receiving approximately ten thousand petitions for certiorari.
The jurisdiction of the United States Courts of Appeal is limited. 28 U.S.C. § 1291 makes clear that it hears only “final decisions of the district courts of the United States.” This is different than New York’s state courts, which permit appeals of interlocutory (non-final) orders such as denial of a motion for summary judgment. One critical exception to the federal system’s “final judgment rule” pertains to cases that allege violations of federal constitutional rights. Under this purview, the United States Court of Appeals can consider challenges to state laws.
Appellate practice in the federal system is governed by the Federal Rules of Appellate Procedure. Rule 4 provides that a notice of appeal must be filed with the district clerk within 30 days after entry of the judgment or order appealed from. The party initiating the appeal is referred to as the appellant and the other party the appellee. The appellant bears the responsibility of submitting the voluminous record on appeal to the appropriate circuit court. Under Rule 10, the record on appeal must contain (1) the original papers and exhibits filed in the district court; (2) the transcript of proceedings, if any; and (3) a certified copy of the docket entries prepared by the district clerk.
The legal arguments considered by federal appellate courts are presented in briefs. Rule 32 sets forth rigid requirements for the form of such briefs. Rule 28 governs their contents and sets forth the different requirements relating to appellant’s briefs versus appellee’s briefs. Under Rule 31 the appellant has 40 days from the date the record on appeal is filed to file its brief, to which the appellee will have 30 days to respond after service. Rule 31(b) requires the parties to file 25 copies of their respective briefs with the court. Failing to adhere to these requirements can have severe consequences, such as precluding a party from being heard at oral argument. Rule 31(c).
Oral argument is generally the final step in a federal appeal. The process is governed by Rule 34. Rule 34(a)(2) provides that oral argument must be allowed in every federal appeal, with very limited exceptions. Rule 34(c) sets forth the order and contents or argument and mandates that attorneys refrain from reading at length from their briefs, the record, or applicable authorities. Rule 34, like the other provisions of the Federal Rules of Appellate Procedure, prioritizes efficiency. Federal appellate judges are extremely well-versed in the law, and even federal district court judges rarely commit clear errors. Thus, federal appeals are most likely to be successful where the law is ambiguous as applied to the facts presented at the district court level.
About Author
Garrett Cusack graduated from the University of Maryland School of Law in 2019, where he served as an Editor of the Journal of Business & Technology Law. Read more.
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