What is the process for obtaining an appellate court’s review of a case?
In New Hampshire, obtaining an appellate court’s review of a case is a process that generally starts with filing a notice of appeal. This is a document that informs the court that a party intends to appeal a particular ruling or decision. The notice of appeal must be filed within 30 days of the ruling or decision. Next, the appellant, or the party who is appealing the decision, must file an appellate brief. This document summarizes the facts of the case and the arguments the appellant is making. It also includes citations to the relevant legal authorities. The appellee, or the party opposing the appeal, then has the opportunity to file a brief in response. Once both briefs are filed, the appellate court will schedule a hearing. At the hearing, the court will hear oral arguments from both sides. The court may also ask questions of the attorneys, to better understand the issues in the case. Once the hearing has concluded, the court will issue an opinion. This will explain the court’s decision in the case and discuss the facts and legal issues. This opinion may result in overturning the lower court’s ruling, affirming the lower court’s ruling, or remanding the case for further proceedings. The decision of the appellate court is final.
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