What kind of relief can be sought from an appellate court?

Appellate courts in California can provide a number of forms of relief, though the exact form of relief depends on the jurisdiction. Generally, however, appellate courts may reverse, modify, or affirm a lower court’s decision. Appellate courts may also remand a case to a lower court for additional proceedings. Appellate courts may also substitute their judgment for that of the lower court, or they may provide declaratory relief, declaring the rights of the parties involved. In certain circumstances, an appellate court may be able to provide direct relief by ordering a lower court to provide a specific action. This is known as a writ of mandamus. A writ of mandamus is an order from an appellate court to a lower court, directing the lower court to follow the law as interpreted by the appellate court. Lastly, an appellate court may provide relief through the exercise of its disciplinary powers. This means that an appellate court may reverse, modify or affirm the decision of the lower court; suspend, remove or discipline a judge or attorney involved in the case; or bar the lower court from exercising certain powers or taking certain actions. In sum, an appellate court in California may provide a variety of forms of relief depending on the situation, ranging from reversing a lower court’s decision to providing direct relief through the issuance of a writ.

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