When a court case ends and one side wants a higher court to take another look, the case moves into the world of appeals. That world has its own vocabulary, and the first two words you will run into are appellant and appellee. If you are trying to figure out the difference between appellant vs appellee, this guide lays it out in plain terms, with one twist that matters a lot in California.
Our appellate attorneys at Kassouni Law handle civil appeals in the California Court of Appeal, the federal Ninth Circuit, the California Supreme Court, and the United States Supreme Court, so we see these roles play out every day. Here is who is who, and what each side does.
The Short Answer
The appellant is the party that files the appeal. This is usually the side that lost in the trial court and wants the decision changed. The appellee is the party on the other side, the one responding to the appeal, usually defending the ruling it won below. In an appellant v appellee matchup, one side is asking for a do-over of the legal questions, and the other is asking the higher court to leave the result alone.
So in a simple appellee v appellant comparison: appellant equals the one who appeals, appellee equals the one who answers. That holds true in federal courts and in many states.
The California Twist: Respondent, Not Appellee
Here is the detail that trips people up. In California state courts, the party responding to the appeal is not called the appellee. California calls that party the respondent. So in a California Court of Appeal case, the two sides are the appellant and the respondent, not the appellant and the appellee.
The word appellee is correct in federal court and in other states, which is why you will see it everywhere online. But if your appeal is in a California state court, the briefs, the rules, and the docket will all say respondent. Using the right term is a small thing that signals you understand the system you are actually in. The California Courts self-help guide uses appellant and respondent for exactly this reason.
For the rest of this guide, we will use appellant and respondent the way a California court does, while keeping the appellant and appellee comparison in mind for readers used to federal terms.
How You End Up as Appellant or Respondent
Most of the time, the appellant is the party that lost at trial. If you won, you are usually the respondent, defending your win. But it is not always that clean.
Either side can appeal a ruling it does not like, even a party that mostly won. And both sides can appeal at the same time. When that happens, the second appeal is called a cross-appeal, and a party can be an appellant on its own issues and a respondent on the other side’s issues in the same case. So the labels describe your role on a particular appeal, not whether you are the good guy or the winner.
What Each Side Does on Appeal
An appeal is not a new trial. There is no jury, no witnesses, and no new evidence. The higher court reviews the record from the trial court, which is the transcripts and documents that were already part of the case, and decides whether the trial court made a legal mistake serious enough to change the result. The work happens mostly in writing, through briefs. There are three main briefs:
- The appellant’s opening brief. The appellant goes first and explains what the trial court got wrong and why the decision should be reversed.
- The respondent’s brief. The respondent answers, arguing that the trial court got it right and the decision should be affirmed.
- The appellant’s reply brief. The appellant gets the last written word, responding to the respondent’s points but not raising brand new issues.
After the briefs, the court may hold a short oral argument, but many appeals are decided on the briefs alone. You can read more about the stages of a legal appeal and what it takes toward winning an appeal on our site.
Standards of Review, in Plain English
One reason appeals are won and lost on the briefs is the standard of review. This is how much weight the higher court gives to the trial court’s decision, and it changes depending on the type of issue. For pure questions of law, the appellate court takes a fresh look and owes the trial court no deference. For factual findings, the court is very deferential and will uphold them if there was substantial evidence. For discretionary calls by the trial judge, the court asks only whether the judge abused that discretion. A strong appeal frames each issue under the standard that gives the appellant the best chance, which is part of the strategy behind a legal appeal.
Where Appeals Go in California
Where your appeal lands depends on the case. An appeal from a regular civil judgment in the superior court goes to the California Court of Appeal. An appeal in a limited civil case, or a misdemeanor or infraction, goes to the appellate division of the superior court. From the Court of Appeal, a party can ask the California Supreme Court to review the decision, though that court takes only a small number of cases. Some matters also move through writ proceedings rather than a standard appeal.
Why the Right Appellate Lawyer Matters
Because an appeal turns on the written record and on careful legal argument, the skills it takes are different from trial work. The appellate lawyers at Kassouni Law focus on building a clear record-based argument and on the standards of review that decide cases. The firm handles both California civil appeals and federal civil appeals. If you have suffered an adverse ruling, or you won and need to defend that win, you can review our results or contact our offices for an honest read on the merits.
Knowing whether you are the appellant or the respondent is just the first step. What you do with that role, and how well you use the record and the standards of review, is what decides the appeal.
Frequently Asked Questions
What is the difference between appellant and appellee?
The appellant is the party that files the appeal, usually the side that lost in the trial court and wants the decision changed. The appellee is the party that responds to the appeal, usually defending the ruling it won below. The appellant argues for reversal, and the appellee argues to affirm.
Does California use the term appellee?
No. In California state courts, the party responding to an appeal is called the respondent, not the appellee. The term appellee is used in federal courts and in many other states, so a California Court of Appeal case is between the appellant and the respondent.
Can both sides appeal in the same case?
Yes. Either side can appeal a ruling it dislikes, and both can appeal at once. When the responding party also appeals, it is called a cross-appeal, and a single party can be the appellant on some issues and the respondent on others in the same case.
Who files the first brief on appeal?
The appellant files first, with the opening brief explaining what the trial court got wrong. The respondent answers, and then the appellant files a reply brief. After the briefs, the court may hold a short oral argument, though many appeals are decided on the written briefs alone.
Is the appellant always the party who lost at trial?
Usually, but not always. Most appellants lost below and want the decision reversed, but a party that mostly won can still appeal a ruling it dislikes. The label describes a party’s role on a particular appeal, not whether it won or lost overall.
