Duhaime's Law Dictionary


Appellant Definition:

The person who initiates an appeal of a judicial body's decision.

Related Terms: Respondent, Appeal, Factum, Litigant

Before a court of appeal, or a court sitting in appeal, one of the claimant or defendant dissatisfied with a court's decision often has a right to have that decision reviewed; a process generally called an appeal (compare with judicial review). To distinguish the person bringing the appeal from their title at the first trial level, that of clamant or plaintiff or defendant, the appellate level prefers to call the parties appellant - to the party who brings the appeal - and the respondent - to the party who must respond to the appeal.

Sometimes, alternatively called an appellor.

For example, the British Columbia Court of Appeal Act includes this definition:

"Appellant means the party bringing an appeal."

Or this from the Second Edition of Jowitt's Dictionary of English Law, at page 118:

"Appellant (is) the party appealing; the party resisting the appeal is called the respondent."

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