Appeals in Civil Cases

A jury verdict feels like the finish line, but in reality, it’s often just the beginning. The losing side almost always has the right to appeal.

What Appeals Are (and Aren’t)

An appeal is not a new trial. The appellate court doesn’t hear new evidence or witnesses. Instead, it reviews the trial record to decide whether the judge made legal errors that affected the outcome.

Common Appeal Issues

  • Faulty jury instructions

  • Wrongly admitted or excluded evidence

  • Errors in granting or denying motions

  • Constitutional questions (like damage caps or immunity laws)

How Appeals Work

In Georgia and South Dakota, the appealing party files a notice of appeal, then submits written briefs explaining why the verdict should be reversed. The other side files a reply. Sometimes the court holds oral argument. Months later, the appellate court issues a written decision.

Possible Outcomes

  • Affirmed: The verdict stands.

  • Reversed: The verdict is overturned.

  • Remanded: The case is sent back for a new trial or further proceedings.

Why Appeals Matter for Plaintiffs

Appeals can delay recovery for a year or more. But they’re also a safeguard: they ensure judges follow the law and juries receive proper instructions. Skilled appellate advocacy is critical to preserving hard-fought victories.