
A civil case doesn’t always end when the judge strikes the gavel. For many litigants in Alabama, the outcome at trial is not the final chapter. If you believe the court made a mistake, the law provides a way to challenge that decision: a civil appeal. Unlike a new trial, an appeal is not about retrying the case or presenting new evidence. It’s about reviewing what happened in the lower court to determine if errors were made that affected the outcome.
The first thing to understand about appeals is timing. Alabama has strict deadlines. Generally, you have 42 days from the entry of judgment to file a notice of appeal. Miss that deadline, and your chance to challenge the decision disappears. This time frame is unforgiving, and many strong appeals are lost simply because the paperwork wasn’t filed in time. Acting quickly after judgment is essential.
Another important point is the role of the appellate court. Appellate judges do not hear testimony, call witnesses, or weigh credibility. Instead, they review the trial record—the pleadings, motions, transcripts, and exhibits—to determine whether the trial court properly applied the law. If a judge misinterpreted a statute, allowed inadmissible evidence, or gave incorrect jury instructions, these could be grounds for appeal. But if the issue is simply that the jury believed the other side’s witnesses, the appellate court is unlikely to intervene.
Civil appeals can arise in many types of cases: divorce, child custody disputes, business litigation, contract disputes, or personal injury claims. In family law cases, for example, a parent may appeal if the trial court awarded custody in a way that ignored legal standards or disregarded evidence. In business disputes, a company may appeal a judgment that was based on an incorrect interpretation of contract law. Each area of law has its nuances, but the appellate principles remain the same—courts look for legal errors, not factual disagreements.
The process itself is structured and meticulous. After filing the notice of appeal, the appellant must prepare a detailed written brief explaining the legal errors and why the judgment should be reversed or modified. The appellee (the party who won in the lower court) will file a responding brief defending the trial court’s decision. Sometimes, oral arguments are scheduled, where attorneys appear before the appellate judges to further explain their positions. But in many cases, the decision is made solely on the written briefs.
One of the challenges in appeals is the standard of review. This is the lens through which the appellate court examines the case. For example, questions of law—like interpreting a statute—are reviewed de novo, meaning the appellate court decides the issue fresh, without deferring to the trial judge. But when it comes to factual findings or discretionary decisions (such as child custody arrangements), appellate courts give great deference to the trial court. Overturning those rulings requires a clear showing of abuse of discretion, a much higher hurdle.
Because of these complexities, civil appeals require a specialized skill set. Trial attorneys focus on building evidence, examining witnesses, and persuading juries. Appellate advocacy, on the other hand, is about precise legal writing, careful analysis of the record, and crafting arguments that resonate with appellate judges. Many cases that seemed unwinnable at trial have been reversed on appeal simply because appellate counsel identified errors that others overlooked.
It’s also worth noting that appeals can go both ways. Just as a losing party can appeal, the winning party in the trial court must be prepared to defend that victory. An appellee cannot take an appeal for granted—without a strong response brief and legal strategy, even a favorable judgment can be overturned.
The consequences of an appeal are significant. A successful appeal might result in a reversal, a modification of the judgment, or a remand for a new trial. Conversely, an unsuccessful appeal may cement the trial court’s decision and add additional costs to the losing party. This makes the decision to appeal one that must be made thoughtfully, balancing the strength of the legal issues with the financial and emotional investment required.
In Alabama, the appellate courts have shaped the law in countless ways through civil appeals. From clarifying divorce statutes to redefining contract principles, appeals serve not only individual litigants but also the broader legal system by ensuring consistency and fairness.
If you are considering a civil appeal, the most important step you can take is to consult with an experienced appellate attorney. The deadlines are short, the rules are complex, and the written advocacy must be sharp and persuasive. Having the right lawyer by your side can make all the difference in protecting your rights and securing a second chance at justice.
Joseph A. Ingram of Joe Joe Ingram Law, LLC has handled appeals in nearly every type of case across Alabama. With extensive courtroom and appellate experience, he understands how to navigate the appeals process and fight for your best outcome.