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What evidence do you hand to the appellate court and what not to?

An appellate court is not a court of first record. If the first court is a court of record then the appeal is usually over a question of law and the appeals court rules only based on the review of the transcript of the lower court. IF the first court is not a court of record then an appellate court can order a new trial to heard in their venue and it would rule based on everything presented.


Do children who have signed court documents detrimental to their inheritance from their grandfather have a right to appeal it in probate court?

You cannot appeal the fact that you signed something. You can only appeal a court order.


How you can appeal as a plaintiff after judgment in small court?

File an appeal with the clerk of court. Im most states you only have 5 days to appeal Small Claims court decision, which ultimately will go to higher court.


In criminal cases heard in a federal district Court who would appeal to a higher Court?

Only the prosecutor, the defendant, respondant, or their attorney(s) can appeal the findings of the trial court to the Court of Appeals.


What is a court that has only appellate jurisdiction able to do?

Hear cases that are on appeal from the lower, trial court.


If you are going to court charged with possession of alcohol as a minor and you took a breathalizer will it be taken off your record in RI?

Regardless of their outcome, the results of Breathalyzer tests are not recorded on your record, only the offense for which you were taken into custody - alcohol possession. The charge will appear on your juvie record but will not appear on your adult record once you reach 18. .


If someone is found guilty in a magistrate court can they ask for a retry before the sentence is passed?

In Magistrate Court the sentence is generally handed down immediately. You can then appeal. Unlike appeals for convictions in a District Court (or Superior or Supreme Court depending on the state's terminology) where you can only appeal on issues of law, appeals from Magistrate Court are "trial de novo" (meaning new trial)--this is because they are not "courts of record" (there is no stenographer taking everything down) . These appeals are heard at the next level of court, such as a County Court at Law (depending on the state). You will have to post a bond. In Texas the minimum appeal bond is $300 even if the fine was only $50.


What is the ability of one court to be the only court to hear the case?

a case comes to a court if they have a final ruling then they can. If the person in the case is not happy with the results they can get an appeal and go to a higher case but its rare that people get an appeal.


What are an appellate court's options when it receives an appeal from a lower court's decision?

Generally an appellate court has the same powers as the original court. The only difference is that the appellate court can only decide on the record of the trial court and not allow any additional evidence. Even this is not final and in some cases it too can seek additional evidence.


In New Jersey once you deny alimony can you go back to court to get it?

Only on appeal.


Who may appeal the us district court?

Parties dissatisfied with a decision made by a US District Court may appeal to the US Court of Appeals within a specified time frame. Generally, any party involved in the case, including the plaintiff, defendant, or both, may file an appeal. The party filing the appeal must have legal standing and typically must have been directly affected by the district court's decision.


How long does it take for pending charges to show up on record after filed for state court?

There is no "running" record of the process of your court case. The only records that show up on your criminal record is the record of your arrest and what you were charged with and the record of the ultimate results of your court action.