What is the process for filing an appeal after a brain injury settlement?
In Arkansas, the process for filing an appeal after a brain injury settlement usually involves the filing of a motion for reconsideration or a motion for a new trial. A motion for reconsideration is a request for the court to review its previous ruling and potentially change it. A motion for a new trial is a formal request to the court to reopen the case and re-try it. The appellant must meet the requirements for filing a motion for reconsideration or a motion for a new trial. These requirements are outlined in the Arkansas Rules of Civil Procedure. Generally, the appellant must file a Notice of Appeal within 30 days of the time they received notice of the judgment. The Notice of Appeal must include the name of the court where the appeal will be filed and other information required by the court. Once the appeal is filed, the court will typically set a hearing date and issue orders regarding the appeal. During the hearing, the appellant will present their arguments and evidence to the court. After the hearing is concluded, the court will issue a ruling on the motion for reconsideration or a new trial. If the court grants the motion, then the case will be reopened and the matter will be retried. If the motion is denied, then the original judgment will stand.
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