What the court of appeal reads, and what it never sees
An appeal isn't a second trial. The judges read what was said and filed below, and nothing else.
People call us after a verdict ready to tell the whole story again, with the witness who never testified and the document that never came in. It's the right instinct and the wrong court. A court of appeal decides on the record: what was said, offered and ruled on in the trial court.
What the record holds
- The reporter's transcript: every word spoken on the record, from jury selection to the verdict
- The clerk's record: the filings, the orders, the jury instructions and the verdict form
- The exhibits that were admitted, and the ones that were offered and refused
If something happened off the record, at a sidebar no one reported or in a hallway, the court of appeal can't see it. That's why we ask early whether a court reporter was present for every day of trial.
Why new evidence almost never gets in
The question on appeal is whether the trial court got it wrong with what it had. New evidence can't answer that question, so it stays out. When the evidence that matters was never in front of the trial judge, the path is usually a motion in the trial court or a petition after the appeal, not the appeal itself.
We read the record first, then decide what to argue. Not the other way round.
What to do this week
- Find the date the judgment or order was entered; the deadline runs from it
- Ask the trial lawyer whether every hearing was reported
- Keep the trial file together, including notes on objections
Deadlines and record rules differ by court and state. This guide is general information; send us the judgment and we'll tell you what applies.