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how does the appeals process work an appeal is a process where one party in a lawsuit asks to have a lower courts decision overturned by a higher court usually known as an appellate court in civil suits the verdict may be appealed by either party but there are strict time limits to file for an appeal that must be followed in criminal proceedings the state or federal government is not eligible to pursue an appeal if the defendant is found not guilty due to double jeopardy but the defendant is allowed to challenge a guilty verdict for a party filing an appeal proving that the lower courts verdict was the result of a legal error is the most important objective an appeal will not be considered unless a party is alleging that a mistake or error in law took place at the lower court level typically facts are not reconsidered on appeal the appellate court will decide whether the law was properly followed on the lower court level and/or it can review the constitutionality of a law or issue i