Question 1

When can I file an appeal?

Accepted Answer

In Pennsylvania, the right to appeal is governed by strict time limits that vary depending on the type of case and court. Generally, a notice of appeal must be filed within 30 days of the entry of the order or judgment being appealed, but you must check the governing rules for each and every occasion an appeal is pursued. For federal cases in the Third Circuit, the deadline is also typically 30 days (60 days if the government is a party). For appeals from administrative agency decisions, the timeframe is often 30 days but may vary depending on the specific agency and governing statute. Missing the appeal deadline is almost always fatal to your case—courts strictly enforce these time limits with very few exceptions. This is why it is critical to consult with an appellate attorney immediately after receiving an unfavorable decision. At Smith Butz, we evaluate potential appeals quickly and ensure all necessary filings are made within the required timeframes.

Question 2

What are the grounds for appeal?

Accepted Answer

An appeal is not a new trial—the appellate court does not hear new evidence or make new factual findings. Instead, appeals are limited to claims that the trial court or lower tribunal made legal errors. Common grounds for appeal include: errors in the application or interpretation of law, improper admission or exclusion of evidence, incorrect jury instructions, abuse of discretion by the trial judge, insufficient evidence to support the verdict (though appellate courts give great deference to factual findings), constitutional violations, procedural errors that affected the outcome, and errors in calculating damages or applying legal standards. It is important to understand that to preserve most issues for appeal, they must have been raised and objected to at the trial level. At Smith Butz, we evaluate the trial record carefully to identify the strongest grounds for appeal and develop a focused strategy that gives you the best chance of success.

Question 3

How long does the appeals process take?

Accepted Answer

The appellate process in Pennsylvania is typically lengthy. After filing the notice of appeal, the appellant must order transcripts and prepare the record on appeal, which can take several months. Then, briefing schedules allow each side time to prepare and file their written arguments—this process usually takes four to six months. If the court grants oral argument, that is typically scheduled several months after briefing is complete. After oral argument (or after the case is submitted on briefs), the court may take several additional months to issue its opinion. From start to finish, a Pennsylvania appellate case typically takes 12 to 24 months. Federal appeals in the Third Circuit follow a similar timeline but may move somewhat faster. At Smith Butz, we work diligently at every stage to move your appeal forward as efficiently as possible while maintaining the quality of advocacy necessary for a successful outcome.

Question 4

Can I introduce new evidence on appeal?

Accepted Answer

Generally, no. Appellate courts review the record that was created in the trial court and do not consider new evidence. The purpose of an appeal is to determine whether the trial court applied the law correctly based on the evidence that was before it, not to conduct a new trial. There are very limited exceptions in extraordinary circumstances, such as newly discovered evidence that could not have been obtained through due diligence before or during trial, but these exceptions are rarely granted. This is why it is essential to build a complete record at the trial level and to preserve all potential issues for appeal by making timely objections and motions. At Smith Butz, our appellate attorneys often consult with trial attorneys during the trial itself to help identify and preserve appellate issues in real time.

Question 5

Should I hire a separate attorney for my appeal?

Accepted Answer

Appeals require a fundamentally different skill set than trial practice. While trial lawyers focus on presenting evidence, examining witnesses, and persuading juries, appellate lawyers focus on legal research, analytical writing, and persuading judges through written briefs and oral argument. Many experienced trial attorneys recognize this distinction and recommend appellate specialists for post-trial proceedings. At Smith Butz, our appellate attorneys work collaboratively with trial counsel (whether from our firm or another) to develop the most effective appellate strategy.

Appellate Practice

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