What is an appeal?

An appeal is essentially an opportunity to challenge the decision or verdict of a lower court. In Virginia, a person or entity who has lost a civil or criminal court case may file an appeal to have the decision of the lower court reviewed by a higher court. In essence, an appeal is a formal request for a higher court to review the lower court’s ruling on the matter. When a Virginia resident appeals, the court in which the original case was tried is called the trial court. The higher court that will review the lower court’s ruling is known as the appellate court. If the appellate court decides to accept the appeal, it reviews the case to decide if the original verdict of the trial court was correct. If the appellate court finds an error in the trial court’s ruling, it may reverse, remand (return) or modify the decision of the lower court. In Virginia, appeals can be taken from circuit court to the Virginia Court of Appeals and from district court to the Virginia Court of Appeals, with a possible further appeal to the Virginia Supreme Court. Appeals from the Virginia Court of Appeals and the Virginia Supreme Court are most often heard in the United States Supreme Court. In conclusion, an appeal is a formal request for a higher court to review the decision of a lower court and modify, remand or reverse the lower court’s ruling if it finds an error in the original verdict. In Virginia, appeals from the trial court may be heard in the Virginia Court of Appeals or the Virginia Supreme Court, with a possible further appeal to the United States Supreme Court.

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