What evidence is available to support an appeal?
In Delaware, someone who wants to appeal a decision must present evidence to support their appeal. This can include facts that show the original decision was wrong, or new information that was not available at the time of the original decision. The most common evidence used in appeals is documents such as depositions, affidavits, and sworn testimony. These documents can contain detailed information on the facts of the case regarding the parties involved and the original decision. If the appeal is based on legal issues, the party filing the appeal will need to present arguments supported by legal authority and precedents. This will involve referencing laws, regulations, or decisions from other courts. The party filing the appeal may also choose to present witnesses who can testify to relevant facts in the case. This could be the party themselves, other people involved in the case, or experts with relevant knowledge and experience. In addition to these types of evidence, appeals may be based on the idea that errors occurred during the trial process or that the original judge lacked jurisdiction to rule on the case. In these cases, evidence could include jury instructions, court transcripts, or other documents showing how the trial was handled. An appellate lawyer can provide advice on what type of evidence is needed for a particular case. Regardless of the type of appeal, the party filing must provide evidence to support the claim that the original decision was incorrect.
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