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

An appellate court is a court that reviews the decisions made by a lower court and has the power to affirm, modify, or overturn those decisions. In Nevada, relief sought from an appellate court can vary depending on the issue. One form of relief is a writ of mandamus. This type of relief requires the court to order someone to take an action, such as providing a court document or holding a hearing. Appellate courts can also issue a writ of prohibition. This type of relief orders the lower court to stop taking a certain action, such as holding a hearing or issuing a ruling. Appellate courts may also order an ‘order of remand.’ This type of relief sends the case back to the lower court without overturning the decision. This typically happens when the appellate court feels the lower court did not take into consideration all the facts and evidence in the case. Finally, the appellate court may also award monetary damages. This typically happens when the court finds the lower court’s decision was grossly negligent or in violation of the law. In sum, a party seeking relief from an appellate court can ask for a writ of mandamus, a writ of prohibition, an order of remand, or monetary damages. It is important to remember that the appellate court will only grant relief if the lower court’s decision was in error.

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