USA Law and Practice Contributed by: Courtney Scobie and Jack Edwards, Ajamie LLP
the necessary documents, which typically include a certified copy of the foreign judgment, along with a translation if the judgment is not in English. The court may require an affidavit or other supporting documents as well. If the US court determines that the foreign judgment is eligible for enforcement, it will issue an order recognising and enforcing the foreign judgment in the USA. • Enforcement mechanisms – once the foreign judgment is recognised in the USA, the judgment creditor can proceed with enforcement actions, such as obtaining writs of execution, garnishments, or other remedies available under US law to collect the judgment amount. The federal court system in the USA provides sev- eral levels of appeal or review mechanisms for parties dissatisfied with trial court decisions. These levels of appeal typically include the following. • US Courts of Appeals – the first level of appeal in the federal system is the US Courts of Appeals. There are 13 federal circuit courts. Twelve circuit courts cover specific geographic regions and decide appeals from the federal district courts within its circuit. Meanwhile, the federal circuit has appellate jurisdiction over certain subjects, such as patents, trade marks, international trade, govern- ment contracts, federal employees, and veterans’ benefits. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation • Petition for a writ of certiorari to the US Supreme Court – if a party is not satisfied with the decision of the appellate court, they can seek further review by filing a petition for a writ of certiorari with the US Supreme Court. The US Supreme Court has discretion over which cases to hear and it grants certiorari to a small percentage of cases. The US Supreme Court typically reviews cases that present significant legal questions, conflict between differ- ent circuits, or matters of national importance. These levels of appeal are the general rule in most civil cases in the US federal system. Other types of
appellate review can be available, such as interlocu- tory appeals of certain issues. This type of review is usually provided for by federal statutes. Most cases do not proceed to the US Supreme Court and the vast majority are resolved at the appellate court level. 10.2 Rules Concerning Appeals of Judgments Appeals of judgments in federal court in the USA are governed by a set of rules and procedures designed to ensure that parties have the opportunity to chal- lenge lower court decisions. In most cases, parties have a right to appeal a final judgment or order issued by a federal district court to the appropriate appellate court. To appeal, a party must have legal standing, which means they must be an aggrieved party directly affect- ed by the judgment. In other words, they must have a personal stake in the outcome of the case. 10.3 Procedure for Taking an Appeal The first step in the appeal process is filing a notice of appeal with the clerk of the district court that issued the judgment. This notice must be filed within a speci- fied timeframe. • Time limit for filing a notice of appeal – in most cases, a party has 30 days (60 days if the USA is a party) from the entry of the judgment or order they wish to appeal. The clock begins ticking on the day the judgment is entered. If the judgment is entered electronically, the 30-day period typically starts running on the date of electronic entry (28 USC Section 2107 (a) Federal Rule of Appellate Proce- dure (FRAP) 4). • Appealing non-final orders – if a party wishes to appeal a non-final order, such as an interlocutory order, the time limit for filing a notice of appeal may be different. Parties should consult the Federal Rules of Appellate Procedure or local rules to determine the deadlines in such cases. • Designating the record – after filing the notice of appeal, the appellant (the party appealing) must designate the parts of the trial court record they wish to include in the appellate record. This includes transcripts of relevant proceedings and any necessary exhibits.
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