Court Records Appellate Without A Judge
Description
How to fill out Motion For Discovery Of Information Necessary To Receive A Fair Trial?
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FAQ
After reviewing the case, the appellate court can choose: to affirm or uphold the lower court's judgment, reverse the lower court's judgment entirely and remand (or return) the case to the lower court for a new trial, or.
The court of appeals makes its decision based solely on the trial court's or agency's case record. The court of appeals does not receive additional evidence or hear witnesses.
In almost all cases, the appellate court only looks at two things: Whether a legal mistake was made in the trial court. Whether this mistake changed the final decision (called the "judgment") in the case.
You must prove that the trial court made a legal mistake that caused you harm. The trial court does not have to prove it was right, but you have to prove there was a mistake.
The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.