How to Write an Appeal Letter
What is an Appeal Letter?
An Appeal Letter is the first step undertaken by individual applicants desiring supplemental judicial review with regard to a decision that they have received from a presiding court. Within the setting of the appeals process, the opportunity for a retrial or rehearing from specified courts engaging in appeals hearings is available for any applicant. However, the nature of judicial review and decisions passed down by presiding courts are considered to be legitimate and founded; as a result, the presentation of an Appeal Letter by an applicant is necessary to begin the appeals process – the text of an Appeal Letter must convey valid and arguable reasons with regard for a retrial.
Step 1 of Writing an Appeal Letter
Within the opening paragraph of an Appeal Letter, the applicant will be required to present pertinent biographical information with regard to themselves, as well as the mention of any or all legal institutions utilized during the initial trial; an applicant is encouraged to include the following within a specific Appeal Letter:
Biographical information; this may include name, address, and contact information
The mention of an individual applicants known associations; this may include businesses or other institutions participatory within the initial trial
The mention of the lower court participatory in the passing of the initial decision; a lower court is the court in which the case was initially heard – this information should include the names of any applicable court officers, attorneys, and justices
The mention of the case number of the court case in dispute; this should include any additional means of identification with regard to both the case and court
Step 2 of Writing an Appeal Letter
The second step of the composition of an Appeal Letter should consist of pertinent case details with regard to the initial decision passed down; individual applicants are encouraged to include the following within their respective Appeal Letter:
Mention of the decision passed down by the presiding justice; the reasoning for this decision – if given by the presiding justice – may be included within this mention
A Motion for reconsideration is perhaps the one of the most crucial illustrations within an Appeal Letter; due to the fact that appeals will only be heard if the regulatory appellate body acknowledges that legal defect existed with regard to the initial decision – applicants will be required to clearly, functionally, and truthfully express the legal defect presumed to take place
Objectivity – in lieu of subjectivity – has been considered to be a useful approach with the regard to the construction of an Appeal Letter; a citation of procedural mistakes, oversight, and unconstitutionality is considered to be the most salient information within an Appeal Letter – personal opinion and bias should be omitted from an Appeal Letter
Step 3 of Writing an Appeal Letter
The final paragraph is suggested to not only convey the urgency of the applicant with regard to the receipt of an appellate hearing, but also outline the inherent defects latent within the decision; similarly, bias, subjectivity, and hostility should be avoided – the applicant is encouraged to thank the recipient for reading, as well as provide the reader with detailed contact information.
NEXT: Surviving the Appeals Procedure
