An appellant is the party who asks a higher court to review a lower court’s decision. The appellant seeks reversal, modification, or some other change to the judgment or order being challenged.

The appellant is the party taking the Appeal, while the opposing party in the appellate case is usually called the appellee or, in some courts, the respondent.

Appellant Explained

Cornell Wex explains that an appellant is the party who appeals a lower court’s judgment or order to a higher court because the party is dissatisfied with the result. The Ninth Circuit glossary similarly defines an appellant as the party who appeals a district court’s decision, usually seeking reversal of that decision.

The Term Appellant in Different Legal Contexts

The term is used in appellate procedure after a trial court, administrative tribunal, or other lower body has entered a decision that one party wants reviewed. The appellant usually must meet procedural requirements such as filing a notice of appeal on time and presenting legal arguments for why the lower decision should be changed.

A party’s role can shift depending on who lost below and who chooses to appeal. Someone who was the plaintiff or defendant in the trial court may become the appellant in the appellate court.

Common Misconceptions About the Meaning of Appellant

A common misconception is that appellant simply means the person who lost the case. More precisely, it means the party who is actually seeking appellate review, which may or may not be every losing party.

Another misconception is that the appellant automatically gets a new trial. An appeal is usually a review of legal rulings or judgments, not a complete do-over of the facts.