What is the appeals process?
In California, when a case is completed in civil court, any party may appeal the decision. The appeals process is the review of a court’s decision by a higher court. This higher court has the authority to reverse or modify the decision if it is found to be wrong, unjust, or in violation of the law. The appeals process begins when either of the parties involved in the case submits a notice of a request for appeal. This notice is then sent to the appeals court, which will review the matters of the case. The appeals court will also consider the briefs, which are legal documents that explain each side’s arguments, that each party has filed as part of their evidence. The appeals court reviews all of the evidence, arguments, and testimony of the original case and make a decision based on the law. In California, if the appeals court does not agree with the original decision of the civil court, the appeals court can either reverse or modify the decision or remand the case back to the original court for further proceedings. Appealing a court’s decision is a lengthy process and may take up to several months or even years. It is important to note that the appeals process is not a new trial and the appeals court will only review the evidence, arguments, and testimony that were presented to the original court.
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