What is the process for obtaining an appellate court’s review of a jury verdict?
The process for obtaining an appellate court’s review of a jury verdict in Mississippi is not simple and requires a complex legal process. Generally, a litigant who wishes to appeal a jury verdict must file a notice of appeal within 30 days from the date of the verdict. The notice of appeal must be filed in the circuit court with jurisdiction over the case. Once the notice of appeal is filed, the case is then transferred to the appropriate court of appeals (Mississippi has two: the Mississippi Court of Appeals and the Mississippi Supreme Court). At this point, attorneys for the parties can file briefs explaining their positions on the case. After the parties file their briefs, the appellate court will determine whether to hear oral arguments or review the case on the briefs alone. Once the court of appeals has reviewed the case, a written opinion will be issued, explaining why the court of appeals has either affirmed (agreed with) or reversed (disagreed with) the jury verdict. If the court of appeals does not affirm the jury verdict, a new trial may be held at the discretion of the court. Individuals may also choose to appeal the court of appeals’ decision to the Mississippi Supreme Court, but there is no guarantee that the court will agree to hear the appeal.
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