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

Appellate law is the branch of law that deals with appeals from trial court decisions in Delaware. If a party in a case wants to challenge the outcome of a trial, that party can obtain an appellate court’s review of the case. The process for obtaining such a review begins with filing a notice of appeal in the trial court. After the notice is filed, the court’s clerk will provide the party with a record of the trial proceedings, including transcripts of any proceedings, motions, pleadings, or orders made during the trial. The party must then submit the record of the trial to the appellate court. The appellate court will then decide whether to grant the appeal. If the appeal is granted, the appellate court will consider the record of the trial and the legal arguments presented by both parties. The appellate court will then issue an opinion, either affirming the trial court’s decision, reversing it, or remanding it for further proceedings. Appellate court decisions can be appealed to the Delaware Supreme Court, the state’s highest court. The Supreme Court will only consider appeals from the decisions of the appellate court, and its decision is final.

Related FAQs

How do I cite to appellate court decisions?
What is the process for filing a petition for writ of habeas corpus?
Are parties able to appeal an appellate court’s decision to a higher court?
What is the difference between a discretionary and a non-discretionary appeal?
What is the difference between an oral argument and a brief on appeal?
Are parties able to challenge an appellate court’s decision through a petition for writ of certiorari?
What is the standard of review on a motion to suppress evidence?
What is the scope of review for an appellate court’s decision?
How do I access the appellate court records?
What is the process for seeking an en banc hearing on an appeal?

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

Related FAQs

Related Blog Posts