Mississippi Appeal
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FAQ
This appeal must be made within (15) days of the date of mailing of the notice demanding payment. Your request should be mailed to MDES, Appeals Department, P.O. Box 1699, Jackson, MS 39215-1699.
Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed.
The party appealing is called the appellant, or sometimes the petitioner. The other party is the appellee or the respondent. The appeal is instituted with the filing of a notice of appeal.
The judge made an error of law. The facts of the case and/or the evidence introduced in the trial court do not support the judge's decision. The judge abused his/her discretion
There are basically 3 stages to a civil appeal in Mississippi. First, you file your notice of appeal and other preliminary documents. Critically, you MUST file your notice of appeal within 30 days of the trial court's final judgment. In some cases, you should file a post-trial motion within 10 days of the judgment.
To appeal a Circuit Court decision, an appellant must file a Notice of Appeal in the Circuit Court, serve the other party, and pay the accompanying fee. (See the Revised Schedule of Circuit Court Charges, Costs and Fees.) The appellant must pay a filing fee to the Court of Special Appeals as well.
Rate of about 40 percent in defendants' appeals of trials. Plaintiffs achieve reversal in about 4 percent of all filed cases ending in trial judgments and suffer affirmance in about 16 percent of such cases. This yields a reversal rate of about 18 percent in plaintiffs' appeals of trials.
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law.
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.
