What is the difference between an appeal and a motion to reconsider?

An appeal is a request for a higher court to review the decision of a lower court. The appeals court will look at the evidence and legal issues involved and make a decision based on those things. A motion to reconsider is a request to the same court that made the original decision to take another look at the case and make a different decision. In California, appeals are typically filed with the court of appeals. The court of appeals will review the case and determine if the lower court made a mistake in law or fact. If a mistake was made, the court may reverse the decision or remand it to the lower court for further proceedings. Motions to reconsider are usually filed in the same court that made the original decision. The court will review the case and determine if there is new evidence or arguments that may have changed the outcome of the case. The court may also consider other legal issues that did not apply at the time of the initial hearing. In either situation, the court may decide to leave the original ruling in place or change it to another ruling. If the court decides to change the ruling, the appealed or reconsidered case may be sent back to the lower court with instructions on how to proceed.

Related FAQs

Is an appeal of right automatic?
Can I appeal a criminal sentence?
How is a criminal appeal evaluated on appeal?
What is the difference between an appeal and a motion to reconsider?
What is the difference between an appeal and a motion for a new trial?
What is the difference between an appeals court and a trial court?
What are some common grounds for criminal appeals?
What are the requirements for filing a criminal appeal?
Is an attorney necessary for a criminal appeal?
What are the requirements for filing a petition for a writ of certiorari?

Related Blog Posts

Navigating the Criminal Appeal Law Process: A Guide for Clients - July 31, 2023
Understanding the Elements of a Criminal Appeal Case - August 7, 2023
What to Expect When Filing a Criminal Appeal - August 14, 2023
Strategies for Effectively Contesting a Criminal Conviction - August 21, 2023
5 Tips on How to Prepare for Criminal Appeal Hearings - August 28, 2023