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An appeal is a legal process by which a party asks a higher court to review a decision made by a lower court. In Nashville, appeals most commonly arise from cases decided in Davidson County courts - including general sessions, juvenile, chancery, circuit and criminal courts - and from federal cases originating in the United States District Court for the Middle District of Tennessee. Appeals focus on alleged legal errors, not on retrying facts, and they follow state and federal rules that control timing, record preparation, briefing, and standards of review. Understanding the appellate path - including the intermediate appellate courts and the state or federal supreme courts - is key to pursuing or defending an appeal in Nashville.
Appellate law has specialized procedures and deadlines that are very different from trial practice. You may need an appellate lawyer if:
- You believe a trial judge made a legal error that affected the outcome of your case.
- Important trial issues were preserved by objection or motion and you want those issues reviewed.
- You need help preparing the record on appeal, ordering and paying for transcripts, and ensuring the record includes all relevant documents and exhibits.
- You need help identifying the applicable standard of review and crafting persuasive legal arguments and appellate briefs.
- You want representation at oral argument before an appellate panel or assistance with petitions for rehearing or further review.
- You are facing criminal conviction consequences and need help with direct appeal, post-conviction relief, or federal habeas corpus review.
An appellate lawyer brings experience with briefing, citation, appellate rules, and oral advocacy. They can also advise whether an appeal is likely to succeed and whether alternatives - such as post-trial motions, settlement, or post-conviction remedies - are preferable.
Key aspects of the appellate landscape that are particularly relevant in Nashville and Tennessee include:
- Court Structure - Tennessee has an intermediate appellate system with the Tennessee Court of Appeals handling most civil appeals and the Tennessee Court of Criminal Appeals handling most criminal appeals. The Tennessee Supreme Court is the state high court and hears discretionary appeals. Federal appeals from Middle Tennessee cases go to the United States Court of Appeals for the Sixth Circuit.
- Timelines and Notice Requirements - Procedural deadlines for filing a notice of appeal and appellate briefs are strict. Missing a deadline can forfeit appellate rights. Timelines differ for civil, criminal, and post-conviction proceedings and may also differ in federal court.
- Preservation of Issues - To obtain appellate review, most issues must be preserved at trial by objection, motion for judgment, or motion for new trial. Failure to preserve an issue can result in waiver on appeal.
- Record on Appeal - The appellate court reviews the trial court record, which includes the clerk's record, transcripts of proceedings, and admitted exhibits. Appellants must ensure the record is complete and properly certified.
- Standards of Review - Appellate courts apply legal standards when reviewing trial rulings: questions of law are often reviewed de novo; factual findings by a judge or jury are reviewed for clear error; discretionary rulings are reviewed for abuse of discretion. The applicable standard strongly affects the chance of reversal.
- Briefing and Oral Argument - Appellate practice emphasizes written briefs that explain legal errors and cite precedent. Oral argument may be granted, but many appeals are decided on the briefs alone.
- Remedies - Appellate remedies include affirming, reversing, modifying the judgment, remanding for further proceedings, or ordering a new trial. In criminal cases, remedies may affect conviction, sentence, or both.
- Post-conviction and Habeas Relief - After direct appeal, criminal defendants may pursue state post-conviction relief and, if applicable, federal habeas corpus relief, each with its own procedural rules and deadlines.
The first concrete step is usually filing a notice of appeal in the trial court within the deadline set by the applicable appellate rules. You should also request transcripts if the record will include trial testimony. Because timelines are strict, contact an attorney promptly to meet procedural requirements and to preserve your rights.
Appeal timelines vary by court and type of case. It can take many months to a year or more from filing the notice of appeal to the issuance of a written opinion. Complex cases, backlog, or requests for rehearing or further review can extend the process.
No. Most appellate courts will only consider issues that were properly preserved at trial. That typically means making timely objections, filing motions for judgment or new trial, and creating an adequate record. Issues not raised below are often deemed waived unless they involve plain error of constitutional magnitude.
Generally no. Appellate courts do not reweigh evidence or assess witness credibility. They review the trial record to determine whether legal errors occurred and, for factual findings, whether the findings were clearly erroneous given the evidence.
Outcomes include affirming the trial court decision, reversing it in whole or in part, modifying the judgment, remanding the case for further proceedings or a new trial, or dismissing the appeal for procedural reasons.
Yes. Appellants generally pay for transcripts of trial proceedings that are necessary for the record on appeal. Transcripts must be ordered from the court reporter promptly because preparation can take time. If a party cannot afford transcripts, there may be limited procedures to obtain them at public expense in some cases.
Yes, you have the right to represent yourself, but appellate practice is highly technical. Self-represented appellants face a steep learning curve with procedural rules, citation requirements, and written-argument demands. Hiring an experienced appellate lawyer improves the chance of identifying viable issues and presenting them effectively.
The standard of review tells the appellate court how much deference to give the trial court. Questions of law are usually reviewed de novo - meaning the appellate court gives no deference. Factual findings face a clear-error standard, which is deferential. Discretionary decisions are reviewed for abuse of discretion. The standard affects whether an appellant can obtain reversal.
Generally, no. Appeals are decided on the existing trial record. New evidence is usually inappropriate on direct appeal. If significant new evidence emerges after trial, other remedies such as a post-conviction petition or motion for relief from judgment may be necessary, depending on the rules that apply.
Oral argument is an opportunity to highlight key points from your brief and answer judges questions. It is typically brief, formal, and focused on legal issues. Many appeals are decided on the briefs and do not require oral argument, but when granted, preparation and an experienced appellate advocate can make a difference.
Helpful local and statewide resources for appellate matters in Nashville include:
- Tennessee Administrative Office of the Courts - administers state appellate rules and provides court contact information.
- Tennessee Court of Appeals and Tennessee Court of Criminal Appeals - for rules, opinions and filing information.
- Tennessee Supreme Court - handles discretionary review and publishes statewide opinions and administrative orders.
- United States Court of Appeals for the Sixth Circuit - for federal appeals from Middle Tennessee.
- Middle District of Tennessee, United States District Court - local federal trial court for Nashville cases.
- Davidson County court clerk offices - for filings, records and local procedures.
- Tennessee Bar Association and Nashville Bar Association - for attorney referral services and lawyer directories.
- Office of the State Appellate Defender and public defender offices - for information on appointed counsel and indigent defense in criminal appeals.
- Legal aid organizations and law school clinics - may provide limited assistance or referrals for eligible individuals.
If you are considering an appeal in Nashville, follow these practical steps:
- Act quickly - time limits to file a notice of appeal and to order transcripts are strict. Missing deadlines can forfeit your right to appeal.
- Preserve issues - make sure trial counsel raised and preserved the issues you plan to appeal. If you are still at trial, make appropriate objections and file necessary motions.
- Gather records - collect the judgment, all orders, transcripts already available, exhibits, and any written rulings that relate to your appeal.
- Consult an appellate attorney - seek a lawyer with appellate experience for an early case assessment. An initial consultation can clarify whether an appeal is viable, identify preserved issues, and outline likely timelines and costs.
- Prepare for costs - be ready to pay filing fees, transcript costs, and attorney fees. Ask potential counsel about fee structure, estimated expenses, and any available fee agreements.
- Consider alternatives - discuss with counsel whether negotiation, settlement, post-trial motions, or other remedies might be more efficient or effective than an appeal.
Careful, timely action and the advice of an experienced appellate lawyer will give you the best chance of effectively pursuing or defending an appeal in Nashville.
