Overview
State intermediate appellate courts sit between trial courts and the state supreme court, serving as the primary error-correction courts in the state judicial system. These courts handle the bulk of appeals in the state system, reviewing trial court decisions for legal errors. By doing so, they relieve the state supreme court of the burden of hearing every appeal, allowing the highest court to focus on cases involving significant legal questions.
Not all states have intermediate appellate courts. Approximately 40 states and the District of Columbia have established them. In states without an intermediate court — typically smaller states like Montana, Wyoming, and Vermont — appeals go directly from the trial court to the state supreme court. In states with intermediate appellate courts, these courts have mandatory jurisdiction, meaning they must hear all properly filed appeals from trial courts.
Intermediate appellate courts typically sit in panels of three judges, though some states use larger panels for certain categories of cases. They review the trial court record, read the parties' briefs, hear oral arguments (though not in every case), and issue written opinions. Their primary function is error correction: determining whether the trial judge correctly applied the law, properly admitted or excluded evidence, gave accurate jury instructions, and followed correct procedures.
The standards of review applied by these courts mirror those used by federal appellate courts. Questions of law are reviewed de novo, meaning the appellate court gives no deference to the trial court's legal conclusions. Findings of fact are reviewed for clear error (in bench trials) or sufficiency of the evidence (in jury trials). Discretionary rulings, such as evidentiary decisions and discovery orders, are reviewed for abuse of discretion.
Jurisdiction
State intermediate appellate courts exercise mandatory appellate jurisdiction over appeals from trial courts of general jurisdiction and, in many states, from trial courts of limited jurisdiction as well. They review final judgments and, in some cases, interlocutory orders that are appealable by statute or rule. These courts hear appeals in both civil and criminal cases. In some states, the appellate court is divided into divisions or districts, each covering a geographic region of the state. Their decisions are binding on all trial courts within their jurisdiction and are subject to review by the state supreme court.
Composition
The number of judges on state intermediate appellate courts varies significantly from state to state. Larger states like California and Texas have dozens of appellate judges organized into multiple districts or divisions. Cases are typically heard by three-judge panels, with en banc review (all judges sitting together) available in some states for cases of exceptional importance or to resolve intra-court conflicts. Judges are selected through the same methods used for supreme court justices — appointment, election, or merit selection — depending on the state. Term lengths typically range from 6 to 12 years.
How Cases Get Here
Cases reach the intermediate appellate court through a notice of appeal filed by a party who lost in the trial court. In most states, the losing party has an automatic right to appeal a final judgment. The appellant files a brief arguing that the trial court committed reversible error, the appellee responds, and the court reviews the trial court record. Some states allow interlocutory appeals in limited circumstances, such as when the trial court certifies that an immediate appeal would materially advance the litigation. In criminal cases, defendants generally have an automatic right to appeal their conviction and sentence, while the prosecution's right to appeal is more limited and typically confined to pretrial rulings such as suppression of evidence.
Key Facts
States with Intermediate Courts
Approximately 40 states + D.C.
Typical Panel Size
3 judges
Jurisdiction Type
Mandatory — must hear all properly filed appeals
Primary Function
Error correction
Standard of Review (Law)
De novo
Standard of Review (Fact)
Clear error or sufficiency of the evidence
Important to Know
- Unlike the state supreme court, intermediate appellate courts generally have mandatory jurisdiction — they cannot refuse to hear a properly filed appeal.
- These courts do not hear new testimony or consider new evidence; they review only the record created in the trial court.
- A decision by one panel of an intermediate appellate court is generally binding on other panels of the same court, though the full court sitting en banc can overrule a panel decision.
- In states with multiple appellate districts, a split between districts (similar to a circuit split at the federal level) is often grounds for the state supreme court to grant review.
- The harmless error doctrine means that not every trial court error warrants reversal — the appellate court must determine whether the error affected the outcome.
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