Mississippi Appellant's Motion to Supplement the Record
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FAQ
A party who files an appeal is called an "appellant", "plaintiff in error", "petitioner" or "pursuer", and a party on the other side is called an "appellee". A "cross-appeal" is an appeal brought by the respondent. For example, suppose at trial the judge found for the plaintiff and ordered the defendant to pay $50,000.
Filing the Notice of Appeal. Abandonment or Settlement. Waiver of Fees. Designating the Record. Civil Case Information Sheet. Briefs. Oral Argument. The Court's Decision.
After a judge or jury has made a decision in civil litigation, this is not necessarily the end of the partys' involvement with the legal system. Either a plaintiff or a defendant can appeal the decision that was made.
The record in an appeal is the official account of what went on at the hearing or the trial that is being appealed. A party designates the record by listing what items to include in a Notice Designating Record on Appeal form (Sample Form F).
To perfect the appeal is to fully comply with the rules, procedures, and time lines of the court. When an appeal has been perfected, it is sent to the Superior Court so the judge can review the decision of the lower court and decide whether or not it should be enforced. Synonyms: perfect the appeal.
A petition for rehearing asks the Court of Appeal to hear or consider the case again and correct a legal mistake in the court's opinion. Generally, the court only agrees to a rehearing if the mistake is a major error of fact or law, or if an important argument was not included in the court's decision.
After filing a petition for rehearing If the court does not act on the petition before the decision becomes final, the petition will be deemed denied "by operation of law" (automatically without an order of any kind from the court).
Remember, the appellate court will not consider new evidence. An appeal is not a new trial. You cannot appeal a court's decision just because you do not like it.
