How are cases selected for review by an appellate court?
Cases selected for review by an appellate court in Kansas are known as "certified questions." These are questions of law that are presented to the court for review. A judge or group of judges at the lower court level will certify the question when they are uncertain of the legal outcome, if any, of the pending case. When a question is certified, the court must answer it in the form of an opinion. When a trial court judge certifies a question, they send it to the appellate court for review. The appellate court then reviews the question and decides whether to accept the case or not. A case may be accepted if the question raises an important issue of law or if it’s likely to lead to a different decision than the trial court. In addition to questions certified by trial court judges, the appellate court may accept cases from appeals filed directly by litigants. These are known as “original proceedings.” In such cases, the appellate court must review the trial court’s decisions to determine if they are legally correct. The appellate court may also choose to review cases sua sponte. This means that the court may choose to review a case without being asked to do so. This typically happens when a court believes a case raises an important issue of law or is likely to lead to a different decision than the trial court.
Related FAQs
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 happens if I lose my appeal?
What is the difference between a petition for rehearing and a petition for certiorari?
What is the procedure for requesting an en banc hearing?
What is the appellate court’s scope of review for a jury’s factual findings?
What is the process for filing a motion for reconsideration of an appellate court’s decision?
What is the role of an appellate court in a criminal case?
Is oral argument available at the appellate level?
What is the scope of review for an appellate court’s decision?
Who determines the merits of an appeal?
Related Blog Posts
Important Tips for Effective Appellate Law Representation - July 31, 2023Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023