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Sixth Circuit Civil Appeals Toolkit
Practical Law Toolkit w-012-2709 (Approx. 6 pages)
Sixth Circuit Civil Appeals Toolkit
by Practical Law Litigation
| Maintained • USA (National/Federal) |
Resources to assist attorneys litigating a civil appeal to the US Court of Appeals for the Sixth Circuit. These resources provide guidance on commencing the appeal, preparing the briefs and addendum, making motions, and presenting oral argument to the court.
When litigating a civil action in federal district court, a party generally has the right to appeal to a federal court of appeals (also known as a circuit court) from a final order or judgment that awards relief against it or denies some of the relief it sought (28 U.S.C. §§ 1291 and 1295; Forney v. Apfel, 524 U.S. 266, 271 (1998)). An aggrieved party normally also has the right to appeal from certain types of interlocutory (non-final) orders, such as orders granting or denying injunctions (28 U.S.C. § 1292(a)). If an order or judgment is not appealable as of right, an aggrieved party often may petition for permission to appeal (FRAP 5(a); FRCP 23(f); 28 U.S.C. §§ 1292(b) and 1453(c)(1)).
This Toolkit contains resources explaining the process for litigating civil appeals in the Sixth Circuit, including:
- How to take an appeal.
- How to use the Sixth Circuit's Case Management/Electronic Case Filing (CM/ECF) system.
- Preliminary steps the parties must take before addressing the merits of the appeal.
- How to prepare the appellate briefs and the addendum (which designates relevant documents from the electronic record on appeal).
- How to make motions, if necessary.
- How to present oral argument to the court.
- What steps a party may take after the court decides the appeal, such as petitioning for rehearing en banc.