What are the grounds for appealing a magistrate judge’s decision?

In Delaware, a party may appeal a magistrate judge’s decision on certain grounds. Generally, appeals must be filed within 30 days of the judgment. The grounds for appealing a decision of a magistrate judge in Delaware are direct appeal, obtaining a Writ of Certiorari, or by showing that the decision was in error or unjust. Direct appeal is available if the appeal involves the legal interpretation or application of the law. In other words, only the legal aspects of a magistrate judge’s decision may be challenged. The Superior Court reviews the appeal and may find it appropriate to alter, reverse, or uphold the magistrate judge’s decision. A Writ of Certiorari is an order that requires a lower court to present the records of a case to the Supreme Court so the Supreme Court can examine it. This is available when a party believes that the magistrate judge was wrong in a certain aspect of the decision. The last option is to appeal if a decision is deemed wrong or unjust. This is available when a party believes the magistrate judge applied the law in an unfair manner or did not consider the facts presented to them. In conclusion, the grounds for appealing a magistrate judge’s decision in Delaware are direct appeal, writs of certiorari, or by showing the decision was wrong or unjust. Each of these methods allows parties to challenge the decision and potentially have it overturned.

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What are the grounds for appealing a magistrate judge’s decision?

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