What is the process for appealing a business litigation trial?

The process for appealing a business litigation trial in Delaware begins with filing a Notice of Appeal within 30 days of the court’s decision. This document informs the court that you wish to appeal their ruling. After the Notice of Appeal has been filed, the appellant must file a Record on Appeal with the court. This document consists of all the documents and evidence presented throughout the trial, as well as transcripts of the proceedings. The next step is to file a Petition for Allowance of Appeal. This document must include a statement of the questions of law to be considered on appeal, and should be filed within 120 days of the court’s decision. Once these documents have been filed, the Delaware Supreme Court will determine if the petition should be granted and the appeal heard. If the court grants the appeal, the appellant must then file a formal Brief with the court. This document is an argument as to why the trial court’s decision should be reversed, and must be filed within 30 days of the court granting the appeal. Once the brief has been submitted, the Delaware Supreme Court will either schedule a hearing for oral arguments or issue a decision without a hearing. If oral arguments are scheduled, the appellant must present their case in front of the court. Both the appellant and the respondent can then submit a Final Reply Brief with the court before the court issues its decision. The appellate court’s decision is final and cannot be appealed.

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