There are fundamental and significant differences between petitions and appeals that are crucial to effective and efficient judicial procedures for your case or claim. Here is what you need to know about petitions and appeals.

What is a Petition?

A petition is a formal request to a lower court requesting a court order and serves as the customary initial step in instituting a lawsuit. A person, group, or organization may submit the petition to the court, and the petition must specify why the proposed order is required. Naturally, the petitioner is referred to as such, whereas the respondent is the party against whom the petition has been filed.

Common legal petitions include requests to dismiss a case entirely, grant a continuance, change the jurisdiction, reject bail for a defendant, or lower the bail amount. Initiating divorce proceedings, demanding child custody, and asking for restraining and protective orders are other regular petitions that are filed. A Writ of Habeas Corpus is another frequent petition in which a prisoner requests to appear in court or another petitioner requests that the court order the prisoner’s appearance.

What is an Appeal?

Any party to a civil or criminal case in a lower court that loses their case or is unhappy with part or all of the judgment can usually appeal the court’s ruling. An appeal lawyer who requests certiorari—a judicial review of the lower court’s decision—does this.

It is unnecessary to conduct a new trial if the appeal court accepts the case. Instead, it’s more probable that the following review process will take into account and spot mistakes made by lower courts or help explain or interpret relevant statutes, such as those that set a precedent for the case being reviewed.

Major Takes on the Differences Between Petitions and Appeals

• A petition is a formal request for an initial court order made to a lower court and is typically the first step in starting a lawsuit.
• A petition can ask a higher court to hear an appeal and begin a review of a previous lower court decision or judgment.
• An appeal reviews a lower court decision by an appellate (appeals) court.