What happens after a decision is rendered by an appellate court?
Once a decision is rendered by an appellate court, the order is considered final. This means that the decision cannot be appealed further unless there are exceptional circumstances. The appellate court’s order will provide guidance for further legal action. The court may issue a mandate that instructs the lower court on how to proceed with the case. The mandate will be based on the appellate court’s ruling and opinion. The lower court will then carry out the mandate as instructed. In Mississippi, a party may petition the Mississippi Supreme Court to review the decision of the court of appeals. This process is called certiorari. It is a discretionary review by the Supreme Court and the party must prove a clear error in the decision of the court of appeals. If the Supreme Court grants the petition, the court of appeals’ decision will be reviewed and can be overruled or amended in accordance with the Supreme Court’s ruling. In the event that the appellate court’s decision is not appealed further, the order must be respected and enforced by all lower courts and parties that were involved in the case. This means that all the instructions and rulings in the order must be followed, and any questions or disputes that arise must be resolved in accordance with the court’s ruling.
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