Will the Court of Appeals Hear My Case?
There are two ways that courts of appeals hear cases: by right and by leave.
When an appeal is by right, it means you have an automatic right to appeal. You don’t have to show anything special to get a review by the appeals court. All you have to do is follow proper procedure.
An appeal by leave means that you have to get permission from the court of appeals to file the appeal.
In cases where you’re appealing by leave, generally you have to file a document with the court explaining why your case should be heard. Is it a new or uncharted area of the law? Is there such clear error that justice cries out for the case to be heard? Is there a chance to reverse some other law? These are the types of reasons ...