You would not like to face three persons in your life – doctors, police, and lawyers. Life gets very upset when you have to go through any one of these three. A lawyer is a person who files a case in court for the defendant and the plaintiff. Your case can be a family dispute, property issue, criminal case, divorce, business, or any other thing that you think is against the law and society.
A court case takes so long time to reach a final verdict – years to decades. Nobody wants to fall into this situation. But there are millions of cases running in our lower and higher courts. If someone gets defeated in the lower court, they appeal and challenge the court and judge’s decision in the higher court.
What to Do If You Are Not Satisfied with the Decision of a Lower Court
So what are the possible options if someone loses a case in a lower court? Where now they should appeal? If you lost a case in a lower court, you may have the option to appeal to a higher court, depending on the nature and jurisdiction of your case. The process and requirements of appealing may vary depending on the jurisdiction and the type of case. Here are some possible scenarios:
- If your case is a review, appeal, or revision of an act, judgment, or legislation by a judicial or administrative authority, you may apply for review before the same authority that made the decision. Review means when the court re-examines the decisions made by itself, and rectifies any error in an act, judgment, or legislation. Review can be done by any party to the original proceeding or his/her legal representatives.
- If your case is civil or criminal in a state or federal court, you may appeal to the state supreme court or the U.S. Supreme Court. The United States Supreme Court only accepts cases involving a constitutional or federal issue. Federal and State appeals courts review the decisions of lower trial courts. If you lose in appeals at court, you may appeal to the state supreme court or the U.S. Supreme Court. The hierarchy of courts in India is as, Civil, District Courts, High Courts, Subordinate or Lower Courts, and Supreme Court of India. You can also check your country’s legal court hierarchy or take the help of a lawyer.
- If your case is a patent appeal (LPA), you may apply to patent appeal before the High Court of Judicature at Patna within 30 days from the date of receipt of the order passed by the Patent Office. Patent appeal means when an applicant challenges an order passed by the Patent Office rejecting his/her patent application on any ground whatsoever.
Here are some general steps that you can follow if you want to appeal a lower-court decision:
- First, you need to check if the lower court has permitted you to appeal.
- Second, you need to prepare your grounds for appeal. This means explaining why you think the lower court made a mistake or violated your rights in reaching its decision.
- Third, you need to file your notice of appeal and your grounds for appeal with the higher court. Y
- Fourth, you need to attend the hearing of your appeal and present your case before the judge or judges who will decide on your appeal.
- Fifth, you need to wait for the decision of the higher court. The decision may be given orally or in writing, depending on the rules and procedures of the higher court.
Hope this information will help you understand where you should appeal if you lose a case in a lower court.
