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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.
The judges' decisions are classified into two categories, ?accept request? and ?reject request.? Under the reject category, we include both final rejections as well as rejections that include a stipulation for review at a later date (such delay decisions constitute 48.4% of the reject category).
For a civil appeal, approximately 6 - 12 months from the notice of appeal date, or approximately 4 months from completion of briefing. For a criminal appeal, approximately 3 - 4 months after briefing is complete.
The appellate court reviews the record to make sure there is substantial evidence that reasonably supports the trial court's decision. The appellate court's function is not to decide whether it would have reached the same factual conclusions as the judge or jury.
The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were ?clearly erroneous.?
The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were ?clearly erroneous.?
The Courts of Appeal can agree with the decision of the Trial Court, agree in part and disagree in part, or disagree and reverse the Trial judge's decision. The Courts' decisions are called opinions. The opinions are public and are posted on the Supreme Court's website.
Judges provide instructions to juries prior to their deliberations and in the case of bench trials, judges must decide the facts of the case and make a ruling. Additionally, judges are also responsible for sentencing convicted criminal defendants. Most cases are heard and settled by a jury.