The party appealing is called the appellant, or sometimes the petitioner. The other party is the appellee or the respondent. The appeal is instituted with the filing of a notice of appeal. This filing marks the beginning of the time period within which the appellant must file a brief, a written argument containing that side’s view of the facts and the legal arguments upon which they rely in seeking a reversal of the trial court. The appellee then has a specified time to file an answering brief.

Sometimes, appeals courts make their decision only on the basis of the written briefs. Sometimes, they hear oral arguments before deciding a case. Often the court will ask that the case be set for oral argument, or one of the parties will request oral argument. At oral argument, each side’s attorney is given a relatively brief opportunity to argue the case to the court, and to answer questions posed by the judges.

The appellate court determines whether errors occurred in applying the law at the lower court level. It generally will reverse a first instance court only for an error of law. Not every error of law, however, is cause for a reversal. Some are harmless errors that did not prejudice the rights of the parties to a fair trial. An error of law, such as admitting improper evidence, may be determined to be harmful and therefore reversible error.

After a case is orally argued or otherwise presented for judgment, the appeals court judges will meet in conference to discuss the case. Appellate courts issue written decisions. At the conference, one judge will be designated to write an opinion. The opinion may go through several drafts before a majority of the court agrees with it. Judges disagreeing with the majority opinion may issue a dissenting opinion. Judges agreeing with the result of a majority decision but disagreeing with the majority’s reasoning may file a concurring opinion.

If the appeals court affirms the lower court’s judgment, the case ends, unless the losing party appeals to a higher court. The lower court decision also stands if the appeals court simply dismisses the appeal.

If the judgment is reversed, the appellate court will usually send the case back to a lower court ( remand it) and order the lower court to take further action. It may order that

• a new trial be held,
• the trial court’s judgment be modified or corrected,
• the trial court reconsider the facts, take additional evidence, or consider the case in light of a recent decision by the appellate court.

In a civil and administrative case, an appeal doesn’t ordinarily prevent the enforcement of the first instance court’s judgment. The winning party in the trial court may demend the judgment executed. However, the appealing party can file an appeal or supersedeas bond. The filing of this bond will prevent, or stay, further action on the judgment until the appeal is over by guaranteeing that the appealing party will pay or perform the judgment if it is not reversed on appeal.

Appeal in Turkish civil, administrative and criminal justice system is devided into two categories: “ordinary legal remedies” and “exraordinary legal remedies”. Ordinary legal remedies (istinaf and temyiz) are applicable against the first instance courts judgements that are not final.  Extraordinary legal remedies are applicable against court judgements that are final and ebforceable.

“Ordinary legal remedies” in Turkey are the two levels of appeals;

• Regional Appeals (istinaf), which deal with both the facts and the law of the case, are heard by the regional court if filed against a trial judgment issued by a fist instance court; and
• National Appeals (temyiz) against regional-appeal judgments, which concern only points of law, are heard by the National Appeal Courts (Yargıtay or Danıştay)

“Extraordinary legal remedies” in Turkey may be listed under five heading,

• Objection of the Attorney General,
• Reversal in the interest of administration of justice,
• Re-opening of closed file,
• Individual application to the Turkish Constitutional Court,
• Individual application to the European Court of Human Rights.