Were you unhappy with the outcome of a federal court case in Washington? Call Appellate Counsel, P.C. for a free consultation at (360) 660-1077.
Our Washington federal appeals attorneys can help you evaluate whether grounds for an appeal exist and guide you through every step of the process from there.
Our appellate law firm brings 84 years of combined experience to the table and has secured a number of notable case wins, including victories before the Washington Supreme Court.
Federal appeals demand a different skill set than trial-level work, and we were built specifically for this kind of practice. Contact us today to get started.
Why Choose Appellate Counsel, P.C. for My Federal Appeal in Washington?
An appeal is often your last realistic chance to change the outcome of a federal case. If the brief is not compelling or a procedural rule is missed, that opportunity closes for good. The margin for error at this stage is thin, which is why the attorney you choose for your appeal is just as important as the arguments themselves.
Appellate Counsel, P.C., focuses specifically on appellate work. Our Washington federal appeals lawyers are known for:
- Their admission before multiple federal courts and the U.S. Supreme Court
- Their experience handling family law matters, civil appeals, and federal appeals
- Their licensure in jurisdictions across the country
We have a proven track record that speaks for itself and that you’ll be able to count on as your case moves forward. If you hire us, you’ll be able to work with an attorney who understands how appellate judges think and what it takes to change an outcome on appeal.
Contact us for a free consultation.
What Is a Federal Appeal?
A federal appeal is a legal proceeding in which a higher court reviews the decision of a lower court to determine whether any legal errors were made. Instead of conducting a second trial, it reviews the trial court’s record and examines whether the law was applied correctly.
In Washington, federal cases tried in the Western District (Seattle and Tacoma) or the Eastern District (Spokane, Yakima, and Richland) are appealed to the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit is the largest federal appellate court in the country, covering nine western states and two U.S. territories. Cases originating in Washington are typically scheduled for oral argument in Seattle or Portland.
The applicable standard of review depends on the issue being challenged. For example, appellate courts generally review certain legal questions de novo, factual findings for clear error, and discretionary rulings for abuse of discretion.
Decisions left to the trial judge’s discretion are reversed only if the judge abused that discretion. Determining which standard applies to each issue in your case is one of the most important parts of building a successful appeal.
What Types of Federal Cases Can Be Appealed?
Most final judgments from federal district courts can be appealed. However, the right to appeal is not unlimited, and certain rules determine what qualifies.
Some of the most common types of federal cases that lead to appeals include:
- Civil litigation, such as contract disputes and family law cases
- Criminal convictions and immigration rulings from the Board of Immigration Appeals (*note that our law firm does not handle criminal or immigration appeals)
- Decisions by federal administrative agencies on regulatory matters
- Bankruptcy court rulings
- Intellectual property disputes, including patent and trademark cases
In some situations, a party may also seek an interlocutory appeal, which challenges a specific ruling before the trial court has issued a final judgment. These are less common and typically require permission from the appellate court. Our appeals attorneys can help you determine whether your case qualifies for an appeal and what type of review is appropriate.
How Does the Federal Appeals Process Work in Washington State?
The federal appeals process follows a structured timeline governed by the Federal Rules of Appellate Procedure (FRAP) and the Ninth Circuit’s own local rules. While every case is different, the general process follows a predictable path.
Filing the Notice of Appeal
It begins when the losing party files a notice of appeal with the district court. From there, the case is transferred to the Ninth Circuit, where a briefing schedule is set. The appellant (the party bringing the appeal) files an opening brief laying out the legal errors they believe occurred. The appellee (the opposing party) then files a response brief, and the appellant may follow up with a reply brief.
Oral Argument
After the briefing is complete, the court decides whether to schedule oral argument. Many appeals in the Ninth Circuit are resolved based on the written briefs alone, without a hearing. When oral argument is granted, each side is typically given a limited amount of time to present its position and respond to questions from the panel.
Ninth Circuit Mediation
The Ninth Circuit also operates an active mediation program. In some cases, the court may direct the parties to participate in a settlement conference before the appeal is fully briefed. This can sometimes lead to a resolution without the need for a decision from the panel.
Rehearing and Supreme Court Review
Once the court issues its opinion, the losing party may petition for rehearing or for en banc review by a larger panel of judges. If those options are exhausted, the final step is to file a petition for certiorari with the United States Supreme Court, though the Court accepts only a small fraction of the cases brought before it.
What Are the Deadlines for Filing a Federal Appeal?
Timing is critical in federal appeals. Under FRAP Rule 4, the notice of appeal must be filed within 30 days of the entry of judgment in most civil cases. If the United States government is a party, that window extends to 60 days. In criminal cases, a defendant has just 14 days to file.
These deadlines are strict. The U.S. Supreme Court has confirmed that the civil appeal deadline is jurisdictional, meaning the appellate court loses the power to hear your case entirely if you file late. There is no equitable exception that can save a missed deadline in most situations.
Certain timely post-judgment motions can affect when the deadline to appeal begins to run. These include specific motions under Federal Rules of Civil Procedure 50, 52, 54, 59, and 60. Because the requirements and deadlines vary depending on the motion, parties should carefully review Federal Rule of Appellate Procedure 4.
Because these windows are so narrow, it is important to consult with an appellate attorney as soon as possible after an unfavorable ruling. Waiting too long can eliminate your options before the process even begins.
How Can a Federal Appeals Lawyer in Washington Help With My Case?
Federal appeals require a level of legal skill that goes well beyond what most trial attorneys encounter in their day-to-day practice. An experienced appellate lawyer can make the difference between a successful challenge and a missed opportunity.
At Appellate Counsel, P.C., our attorneys can:
- Review the trial court record to identify viable grounds for appeal
- Research and develop the strongest legal arguments available
- Draft clear, persuasive appellate briefs that meet all formatting and procedural requirements
- Handle filings with the Ninth Circuit’s electronic case management system
- Prepare you for oral argument if the court schedules a hearing
- Advise you on whether to seek a rehearing or petition the U.S. Supreme Court
Appellate work is detail-oriented and unforgiving about deadlines and procedural rules. As a result, having a lawyer who handles these cases regularly can prevent costly mistakes and give your appeal the best possible foundation.
Schedule a Free Consultation With an Experienced Washington Federal Appeals Lawyer
If you received an unfavorable result in a federal case in Washington, time is not on your side. The deadlines for filing a federal appeal are strict; once they pass, your options may disappear entirely. The sooner you connect with an experienced Washington appellate attorney, the better your chances of mounting a successful challenge.
Appellate Counsel, P.C. brings 84 years of combined experience to federal appeals in Washington, with a track record that includes notable victories at the highest levels of the court system. Reach out to us today to schedule a free consultation and find out whether an appeal is the right next step for your case.
