What remedies are available for a party who loses an appeal?

In Delaware, parties who lose a civil appeal may have a few different remedies available to them. Depending on the circumstances, it may be possible to file a petition for a rehearing or to seek discretionary review by the Delaware Supreme Court. A petition for a rehearing must be filed within 14 days of the original decision. During this time, the opposing party must be served with a copy of the petition. The court may reconsider its original opinion and issue a new, amended decision. If the court denies the petition for a rehearing, the petitioner may then seek discretionary review by the Delaware Supreme Court. This requires filing a petition for writ of certiorari | with the Supreme Court. The petitioner must explain why the decision of the lower court needs to be reviewed by the Supreme Court. If the Supreme Court decides to grant the petition for certiorari, the petitioner will be given a chance to present their case. From there, the Supreme Court may affirm the decision of the lower court or issue a new, amended decision. If the appeal was unsuccessful and neither a rehearing nor a writ of certiorari was issued, the party that lost the appeal must abide by the decision of the court. This may involve paying damages to the opposing party or returning property that was in dispute. It is ultimately up to the court to decide what remedies should be enforced.

Related FAQs

What is the process for seeking review by the U.S. Supreme Court?
What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion for summary judgment?
What is the process for obtaining an appellate court’s review of a jury verdict?
What is the procedure for filing a petition for rehearing en banc?
What is the purpose of oral arguments to an appellate court?
What is the process for filing a petition for certiorari to the U.S. Supreme Court?
Are parties able to challenge an appellate court’s decision through a petition for writ of certiorari?
What is the cost of filing an appeal?
How often do the appellate courts review their decisions?
How do I cite to appellate court decisions?

What remedies are available for a party who loses an appeal?

Related FAQs

Related Blog Posts