In law, an appeal is a process for requesting a formal change to an official decision.
Basically, it is a request to a higher court for that court to review the decision of a lower court. The appellant argues that there were errors of law or fact, or both, in the lower court. The respondent argues that the result was perfectly appropriate and should not be changed.
The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country. Even within a jurisdiction, the nature of an appeal can vary greatly depending on the type of case. An appellate court is a court that hears cases on appeal from another court. In different jurisdictions, appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts.
An appeal normally may be taken by the party who loses or did not get all the relief he, she or it sought. If both parties are dissatisfied, each may appeal part of the decision.
An appeal is based upon the papers and evidence used at the lower court. No new evidence can be used. A notice of appeal must be filed properly and timely, usually within thirty days after the adverse determination is served upon the losing party.
In a criminal case the defendant can appeal the judgment of conviction, raising any issues that were developed in pre-trial motions or at trial, or just the sentence, arguing that the sentence was excessive.
Bukh and Associates PLLC, offers many years of experience in appeal court decisions. We offer the necessary skills to successfully guide you through court appeal issues with the attention, respect and dignity your case deserves.