Appellee vs. Appellant — What's the Difference?
By Fiza Rafique & Maham Liaqat — Updated on March 12, 2024
Appellee is the party against whom an appeal is filed, typically defending the lower court's decision, while the appellant is the party who files the appeal, seeking a reversal of the decision.
Difference Between Appellee and Appellant
Table of Contents
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Key Differences
An appellant initiates an appeal because they are dissatisfied with a lower court's decision, seeking a review and reversal by a higher court. The appellee, on the other hand, seeks to uphold the lower court's decision, arguing that it was correct. This fundamental distinction underscores their roles in the appellate process.
While the appellant bears the burden of proving that the lower court made a legal error, the appellee may simply argue that even if an error occurred, it was harmless and did not affect the trial's outcome. This difference in responsibilities highlights the adversarial nature of the appellate system.
In preparing their case, the appellant must demonstrate how the trial court’s ruling was erroneous, focusing on legal arguments and the interpretation of the law. Conversely, the appellee can support their position by emphasizing the sufficiency of the evidence and the appropriateness of the lower court's interpretations.
The decision to appeal is a strategic one, primarily taken by the appellant who believes that a mistake was made that negatively affected the trial's outcome. Meanwhile, the appellee is often in a position of defending not just the lower court's decision but also the legitimacy of the outcome as it pertains to them.
During the appeal, the appellant is required to file a brief first, laying out the arguments for why the court's decision should be reversed. The appellee then responds with their own brief, arguing why the decision should stand. This sequence reinforces the proactive and reactive roles of the appellant and appellee, respectively.
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Comparison Chart
Definition
The party against whom an appeal is filed, defending the decision.
The party who appeals a court's decision, seeking reversal.
Role in Appeal
Aims to uphold the lower court’s decision.
Seeks to reverse the lower court’s decision.
Burden
May argue that any error was harmless.
Must demonstrate that an error occurred.
Strategic Position
Defends the trial's outcome and the lower court’s decision.
Believes a legal mistake impacted the trial’s outcome negatively.
Filing Sequence
Responds to the appellant’s brief.
Files the opening brief in an appellate court.
Compare with Definitions
Appellee
Someone who argues for the affirmation of a ruling.
The appellee cited previous cases to support the judgment's validity.
Appellant
A party that appeals a court decision.
The appellant filed a brief arguing that the trial court erred in applying the law.
Appellee
The respondent in an appellate court procedure.
As the appellee, she focused on the substantial evidence presented during the trial.
Appellant
A litigant asking for a review of a court's decision.
The appellant submitted new evidence to support his case.
Appellee
The party opposing an appeal and defending the lower court's decision.
The appellee prepared a counter-argument to maintain the verdict.
Appellant
Someone who seeks to overturn a lower court's ruling.
The appellant hoped the higher court would recognize the oversight.
Appellee
A party that argues no reversible error was made.
The appellee maintained that any legal errors were harmless.
Appellant
The initiator of an appellate procedure.
As the appellant, she had to detail the legal errors for the appellate court.
Appellee
A litigant defending the outcome of a trial.
The appellee stressed that the court’s decision was just and fair.
Appellant
The party unsatisfied with a current legal judgment.
The appellant argued that the evidence was misinterpreted.
Appellee
One against whom an appeal is taken.
Appellant
One who appeals a court decision.
Appellee
A respondent.
After winning in the lower court, the appellee hoped she would win again in the appeals court.
Appellant
(law) of or relating to appeals; appellate
Appellee
The defendant in an appeal; - opposed to appellant.
Appellant
In the process of appealing
Appellant
(law) a litigant or party that is making an appeal in court
The appellant made her submissions to the court.
Appellant
One who makes an earnest entreaty of any kind.
Appellant
(obsolete) One who challenges another to single combat.
Appellant
(historical) One of the clergy in the Jansenist controversy who rejected the bull Unigenitus issued in 1713, appealing to a pope "better informed", or to a general council.
Appellant
Relating to an appeal; appellate.
Appellant
One who accuses another of felony or treason.
Appellant
A challenger.
Appellant
One who appealed to a general council against the bull Unigenitus.
Appellant
One who appeals or entreats.
Appellant
The party who appeals a decision of a lower court
Appellant
Of or relating to or taking account of appeals (usually legal appeals);
Appellate court
Common Curiosities
What is the burden of proof in appeals?
The appellant has the burden to prove the lower court made an error that affected the decision.
What does an appellee do?
The appellee defends the lower court's decision, arguing it was correct and should stand.
Can both parties be unhappy with a court's decision?
Yes, but only the party filing an appeal is considered the appellant.
Can the roles of appellant and appellee change?
Yes, the roles can change in subsequent appeals, depending on who seeks the review.
Why might an appellee want the court's decision to stand?
Because they won in the lower court and believe the decision was just.
How does one become an appellant?
By filing a notice of appeal against a court’s decision.
Can the decision of an appellate court be appealed?
Yes, through a higher appellate court or the Supreme Court, depending on jurisdiction and the case's nature.
Who can be an appellant?
Anyone dissatisfied with a court's decision can be an appellant if they seek a review.
Is the appellant always the loser in the original trial?
Yes, the appellant is typically the party that lost in the original court decision.
What is the primary goal of an appellant?
To have the appellate court reverse or modify the lower court's decision.
Can an appellee also file an appeal?
The appellee does not file an appeal but can cross-appeal if they seek changes to the decision.
What happens if the appellant wins the appeal?
The case may be reversed and remanded for a new trial, or the appellate court may directly alter the lower court's decision.
Do appellants have a higher burden in the appeal process?
Yes, because they must prove that an error occurred that significantly impacted the verdict.
What motivates someone to become an appellant?
A belief that the trial had legal or factual errors that unfairly affected the outcome.
What is an appellate brief?
A document filed by the appellant (and then the appellee) outlining their arguments and legal basis for the appeal or defense.
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Written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
Co-written by
Maham Liaqat
