What is the process for obtaining an appellate court review of a trial court’s decision?
In Mississippi, the appellate court review process begins with the filing of a notice of appeal. The notice must be filed within 30 days of the trial court’s decision in order to preserve the appellant’s right to appeal. Within 14 days of filing the notice, the appellant must file a brief that summarizes the facts leading up to the trial court’s decision and the legal arguments the appellant is raising in appeal. The appellee also has the opportunity to file a brief. Both parties may then orally argue their positions before the appellate court. After the arguments are completed, the appellate court will review the record of the trial court’s proceedings, as well as the briefs and arguments from both parties. The court can affirm the decision of the trial court, reverse it, remand it (send it back to the trial court for a new trial), or modify the decision. The court’s decision is typically issued in writing and is subject to review by the Mississippi Supreme Court. If the court’s decision is not accepted by one or both of the parties, they may ask the Supreme Court to review the decision.
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