What is the process for obtaining an appellate court review of a trial court’s decision?

In Delaware, an appellate court review of a trial court’s decision requires a multi-step process. The party appealing the trial court ruling must first file a notice of appeal with the appellate court. This must include the legal grounds for the appeal and a list of the evidence from the original trial that is being challenged. Once the notice of appeal is filed, the court then sets a date for the argument to be heard. The appellant then must file a brief with the appellate court. This document details the legal error or wrong ruling that the court should take into consideration when looking at the case. The brief also includes a summary of the evidence from the trial court’s ruling and an argument as to how the law should have been applied in the case. Once the brief is filed, the appellant may be required to attend an oral argument before the appellate court. During this process, the appellant is given the opportunity to present their argument and answer any questions the court may have. The appellate court then reviews the evidence, listens to the argument from the appellant, and considers any other relevant information. After this is done, the court issues a decision which either affirms, reverses, or modifies the trial court decision. This ruling is final and can only be appealed to the Delaware Supreme Court.

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What is the process for obtaining an appellate court review of a trial court’s decision?

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