Navigating the Appeals Process in Alabama: Timelines, Standards, and Strategy

Winning or losing a trial is not always the end of the road in litigation. Whether you are looking to reverse an unfavorable judgment or defend a hard-fought victory, the appellate process is a distinct legal arena with its own set of rigid rules and strategic demands.

Appellate practice is not simply a “do-over” of the trial. It requires a specific skill set, a meticulous attention to the record, and strict adherence to jurisdictional deadlines. At my firm, we understand that successful appeals require more than just legal knowledge; they require a strategic approach to navigating Alabama’s complex appellate system.

Here is what you need to know about filing an appeal in Alabama and why retaining a dedicated appellate lawyer is critical to your success.

1. Critical Timelines

The most important rule in appellate practice is simple: Deadlines are jurisdictional. If you miss the deadline to file a Notice of Appeal, your case is likely over. The court will dismiss the appeal, and there is usually no remedy.

The “42-Day” Rule

For the vast majority of civil and criminal cases in Alabama, the Notice of Appeal must be filed within 42 days (6 weeks).

• Civil Cases: The clock starts running from the date the final judgment or order is entered.
• Criminal Cases: The clock starts from the date the sentence is pronounced.

The “14-Day” Exceptions

Certain types of orders have a much shorter deadline. You only have 14 days to file a Notice of Appeal for:

• Interlocutory orders granting or refusing injunctions.
• Orders appointing (or refusing to appoint) a receiver.
• Final orders issued by a juvenile court.
• Appeals from district court to circuit court.

Many litigants file post-judgment motions (such as Rule 59 motions) to ask the trial judge to reconsider a ruling. While filing these motions generally suspends the 42-day appeal deadline, Alabama has a strict “kill switch” known as Rule 59.1.

If the trial judge does not rule on a post-judgment motion within 90 days, the motion is deemed denied by operation of law.

• The Trap: The 42-day clock to appeal begins running immediately on the 90th day.
• The Risk: If you wait for the judge to issue a written order after those 90 days have passed, you may have already missed your appeal deadline.

Note: While Rule 59 motions toll the clock, Rule 60(b) motions (relief from judgment) do not suspend the time for filing an appeal.

2. Why Appellate Practice is Different from Trial Practice

A common theory is that the lawyer who handled the trial is automatically the best person to handle the appeal. And while there are times where that may true, appellate law is a distinct specialty. Retaining specific appellate counsel offers several advantages:

The “Fresh Look”

Trial lawyers live and breathe their cases for months or years. They are intimately familiar with the facts, which can sometimes make them “too close” to the case. Appellate counsel provides an objective review, similar to how appellate judges will view the record. We can identify the strongest legal arguments without the emotional baggage of the trial.

Issue Selection

One of the hardest tasks in an appeal is deciding what not to argue. A trial lawyer may want to argue every error that occurred. However, effective appellate strategy involves limiting the appeal to the strongest 2–3 issues to avoid diluting the argument.

Procedural Expertise and Waiver

The Alabama Supreme Court is strict regarding waiver. If an argument is not properly supported by legal authority and citations to the record, the court may deem it waived. Furthermore, appellate rules regarding formatting (such as the mandatory Century Schoolbook 14-point font) and word counts are rigid. Technical errors, such as using “et al.” in a Notice of Appeal instead of naming all parties, can sometimes be fatal to the case.

How I Can Help

I am happy to step in for the trial attorney to handle the appeal. Or, I could also work with the trial attorney to navigate the appellate rules to present the best arguments. Whether you are a client trying to find appellate counsel or a trial lawyer looking for assistance with appeals in Alabama, I would be happy to look at the case and see how I can help.

3. How the Appellate Process Works

Unlike the dramatic courtroom scenes on television, appeals in Alabama mainly involve your lawyer reading the record, researching the law, and writing a brief.

• Reviewing the Record: The appellate court is confined to the “record”—the Clerk’s filings and the Reporter’s transcript. We cannot argue facts unless they appear in that record. We meticulously review these documents to find the errors that matter.
• Drafting the Brief: This is the heart of the appeal. Because oral argument is rare (granted in only a small fraction of cases), the written brief is often your only opportunity to be heard. We craft a Statement of Facts that is accurate yet persuasive and ensure all arguments strictly adhere to the 14,000-word limit for principal briefs.
• Completing the Record: It is the appellant’s duty to order the transcript. A Transcript Purchase Order must be filed within 7 days of the Notice of Appeal.

4. Understanding Standards of Review

An appeal is not a retrial. The appellate court does not re-weigh the evidence; instead, they review how the trial court made its decision. The “Standard of Review” dictates how much deference the appellate court gives the trial judge:

• De Novo (Questions of Law): Used for issues like summary judgment rulings or contract interpretation. The appellate court gives no deference to the trial judge and looks at the issue as if for the first time.
• Abuse of Discretion (Discretionary Decisions): Used for evidentiary rulings or granting new trials. The appellate court will not reverse unless the trial judge clearly exceeded their discretion.
• Ore Tenus (Findings of Fact): When a judge acts as the fact-finder, their findings are presumed correct and will rarely be reversed unless they are clearly erroneous or unsupported by evidence.

The easiest way to explain this, as someone who loves college football, is the standard of review is much like video review of on-field referee calls. College football rules give a lot of credit to the referee on the field making the call. Once a call is made, there must be “indisputable visual evidence” that the call was wrong to reverse it. Appellate courts give similar deference to trial court judges since the trial judges are in a unique position to make their decision. Trial judges hear the evidence live. They form their decisions based on who, to them in the moment, was most trustworthy or credible. Appellate courts do not want to second guess the person who made the call “live,” unless there is some legal reason to do so. The legal reasons may change depending on the issue, so contact an Alabama appeals lawyer to learn which one applies in your case.

5. Which Court Will Hear Your Case?

In Alabama, the path of your appeal depends on the nature of the case:

• Court of Civil Appeals: Hears workers’ compensation cases, domestic relations cases, and civil cases where the amount in controversy does not exceed $50,000.
• Supreme Court of Alabama: Hears civil cases involving more than $50,000 and possesses general supervisory jurisdiction.
• Court of Criminal Appeals: Hears all criminal appeals, including misdemeanors and felonies.

Secure Your Right to Appeal

Whether you are navigating the strict 42-day timeline, calculating the Rule 59.1 deadline, or determining the standard of review for your case, the details matter. At my firm, we provide the procedural precision and strategic insight necessary to handle complex appeals in Alabama.

If you have questions about a potential appeal, contact us today to discuss your options.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Each case is fact-specific. If you are wanting to appeal your case, please contact our office to discuss your specific situation.