Phoenix Arizona Motion to Appeal

State:
Arizona
City:
Phoenix
Control #:
AZ-GEN-18
Format:
Word; 
Rich Text
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Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Appeal, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s).

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FAQ

A motion for reconsideration shall point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to provisions of law alleged to be contrary to such findings

A motion for reconsideration requests an appellate court to consider whether its decision contained erroneous determinations of fact or law. A party is not required to file a motion for reconsideration in the Court of Appeals in order to file a petition for review under Rule 23. (b) Required Showing.

Under CPR 52.12(2), the appeal notice must be filed within 21 days after the date of the decision of the lower court which the appellant wishes to appeal ? or such longer or shorter period as may be directed by the lower court.

Court of Appeals,9 thus: Under our rules of procedure, a party adversely affected by a decision of a trial court may move for reconsideration thereof on the following grounds: (a) the damages awarded are excessive; (b) the evidence is insufficient to justify the decision; or (c) the decision is contrary to law.

You must appeal within 30 calendar days of the date the Administrative Law Judge's decision is mailed or electronically transmitted. An explanation of further appeal rights is attached to every decision for each level of the process.

The chances of winning a criminal appeal in California are low. Only about 20 percent of criminal appeals are successful. But the odds of success are much greater if there were errors of law and procedure at trial significant enough to have affected the outcome of the case.

A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion for reconsideration is an application to the Court requesting that the Court alter or amend a judgment or order, and it must be served no later than twenty (20) days after the order has been served on all parties.

Depending on your state's laws, a Motion for Reconsideration may be an option in the following situations: when you believe the judge did not consider or properly examine certain evidence or correctly apply the law; or. when new evidence is available that you were not able to present before the judge made a decision.

A notice of appeal required by Rule 8 shall be filed with the clerk of the superior court not later than 30 days after the entry of the judgment from which the appeal is taken, unless a different time is provided by law.

After the lower court judgment is entered into the record, the losing party (appellant) may file a notice of appeal, and request transcripts or other records of the trial court. The appellant files a brief with the appeals court citing legal reasons for reversing the trial court's ruling.

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Phoenix Arizona Motion to Appeal