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

In Kansas, individuals or parties involved in a case who want to challenge a judge’s decision can file an appeal. Depending on the type of decision, appeals may be brought in the Kansas Court of Appeals or the Kansas Supreme Court. Generally, appeals must be based on legal grounds. These include errors in the trial court’s application of the law, errors in the admission or exclusion of evidence, or decisions from the trial court that exceeds the scope of the court’s authority. An appeal can also be granted if the judge made a prejudicial comment in court, or if the jury was allowed to consider irrelevant evidence. Normally, an appellate court will only consider a ruling that is the result of a final judgment in the trial court. The appellate court will not usually consider issues that were not raised at trial, and cannot use an appeal to bring up new evidence. The appellate court also cannot change a judge’s opinion unless there is clear and convincing evidence to prove that the original ruling was wrong. The court may be more willing to consider an appeal if there is an issue of public policy involved, or a risk of harm to the appellant. Ultimately, the appellate court has the final say in matters of jurisprudence and its decision is binding.

Related FAQs

How do I cite to appellate court decisions?
How do I appeal a criminal conviction?
How do I request a change of venue in an appeal?
What is the process for filing a petition for certiorari to the U.S. Supreme Court?
What is the process for seeking an en banc hearing on an appeal?
What is the standard of review in appellate proceedings?
How do I appeal a court decision?
What is the procedure for requesting an en banc hearing?
What is the process for filing a petition for rehearing?
How often do the appellate courts review their decisions?

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

Related FAQs

Related Blog Posts