What happens if an appeal is denied?

Asked by: Abigale O'Reilly  |  Last update: February 2, 2026
Score: 4.7/5 (8 votes)

If an appeal is denied, the original lower court decision stands, but you usually have further options like petitioning for rehearing, seeking discretionary review from a higher court (like a Supreme Court), or filing specific motions (like Habeas Corpus), though success rates often decrease, and you must act quickly according to strict deadlines by contacting your lawyer to understand the specific next steps.

What happens when an appeal is rejected?

If your appeal is denied, you may still have the option to escalate the matter to a higher-level review or pursue legal action in court.

How often do rejection appeals work?

Some schools will accept appeals, but they very rarely result in admission. An appeal is really only appropriate if you have new and very compelling information to offer that wasn't included on your initial application.

What are the chances of winning an appeal?

The chances of winning an appeal are generally low, often cited as less than 20%, but vary significantly by jurisdiction and case type, with federal civil appeals sometimes around 30% and criminal appeals lower (10-20%). Success hinges on proving significant legal or procedural errors (like jury misconduct or improper evidence) occurred in the trial, not just disagreeing with the outcome, and requires strong legal representation to overcome the trial court's presumed correctness. 

How many times can a case be appealed?

In theory, there's no strict numerical limit to how many times you can file an appeal in a federal case. However, in practice, your options become more limited with each petition or motion, and courts impose procedural barriers to prevent repetitive or meritless filings.

What Happens When A Court Appeal Is Denied? - CountyOffice.org

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Is it better to appeal or reapply?

The decision between reapplying and appealing largely depends on individual circumstances: If you believe there was an error in your original claim, or if you have new evidence that could change the outcome, appealing is typically the better route.

Can a second appeal be filed?

You can appeal a conviction twice – if you have been convicted, successful on appeal, retried, and convicted again, you can file a second appeal based on errors made in the second trial or you can file a PCR action based on mistakes made by the trial lawyer.

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
 

Why are appeals so hard to win?

The appellate court doesn't listen to new witnesses or review new evidence. Instead, it relies solely on the trial record. Your chances increase if the record has clear evidence of procedural errors, misapplied laws, or improper rulings. Conversely, a weak or unclear record may make it harder to win an appeal.

What is a good reason for an appeal?

Good reasons to appeal a court decision center on legal or procedural errors, such as the judge misapplying the law, improper admission/exclusion of evidence, flawed jury instructions, constitutional violations, or insufficient evidence for a verdict, while financial aid appeals are strong when family circumstances change (job loss, high medical bills). The key is showing the lower court made a significant mistake that affected the outcome, not just disagreeing with the result.
 

What happens if an appeal is refused?

If permission to appeal is refused at that stage, that is the end of the matter. One cannot take it further to the Supreme Court because you will have been refused twice – in the High Court and Court of Appeal. If permission is granted, the appeal will be heard, usually before a three-person court.

Why do most appeals fail?

Most appeals fail, not because the losing party didn't fight hard enough, but because appellate courts are limited in what they can actually review.

How long do appeals typically take?

On average, an appeal in the California Court of Appeals takes between 12 and 18 months from filing to resolution. However, some cases may take longer, mainly if they involve complex legal arguments or multiple parties.

What can I do if my appeal is denied?

Motion for Rehearing

Essentially, this means that you are asking for your case to be heard again. You will need to put forth a strong argument indicating that the appeals court has made a significant mistake, and it will be up to the court system to decide whether you should be granted another appeal.

Who has more power than a judge?

While judges hold significant authority in court, others wield different forms of power, including Legislators (Congress) who make laws judges interpret, the President who enforces them and appoints judges, Prosecutors (DAs) who heavily influence case outcomes through charging decisions, and even Juries who determine facts, all operating within a system of checks and balances where power is distributed, not absolute.
 

Who decides if a case can be appealed?

Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed.

What makes you look better in court?

Dress Neatly and Make Sure Your Clothes Fit

The first rule of thumb for what to wear to court is to dress appropriately by choosing clothing that looks clean, neat, and fits you well. You do not have to buy a new outfit, just be sure that you are meeting those two criteria with what you choose.

What is the best way to win an appeal?

Having strong arguments is the best way to win. So how do you make sure your appeal is as strong as it can get? Well, the data shows you should call in an appellate attorney. Most litigators understand that a trial is predominantly about facts, whereas an appeal is predominantly about law.

Can an appeal make things worse?

Sometimes an appeal can make things worse. For example, a losing appeal might create a precedent that costs the appellant more in the long run.

Which lawyer wins most cases?

There's no single lawyer universally recognized for the most cases won, as records are hard to track and definitions vary, but Gerry Spence is famous for never losing a criminal case and a long civil win streak (until 2010), while Guyanese lawyer Sir Lionel Luckhoo holds a Guinness World Record for 245 successive murder acquittals, making them top contenders for different aspects of "most wins". 

What happens to 90% of court cases?

According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."

What is the stupidest court case?

We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.

What are good grounds for appeal?

Good reasons to appeal a court decision center on legal or procedural errors, such as the judge misapplying the law, improper admission/exclusion of evidence, flawed jury instructions, constitutional violations, or insufficient evidence for a verdict, while financial aid appeals are strong when family circumstances change (job loss, high medical bills). The key is showing the lower court made a significant mistake that affected the outcome, not just disagreeing with the result.
 

What next after appeal is allowed?

When an appeal is granted (or "allowed"), the appellate court overturns or changes the lower court's decision and sends the case back (remands) to the trial court with instructions for further action, such as a new trial, re-sentencing, or correcting the judgment, with the ultimate goal being to fix the legal error found. The trial court must then follow the appellate court's mandate to resolve the case correctly.