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On Appeal
By
David Day |
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The losing side in a civil case may decide to appeal the trial court ruling
on the basis that the court made a mistake in courtroom procedure or in its
interpretation of the law governing the case. Otherwise, the party filing the
appeal (appellant) usually cannot re-argue the facts of the case before the
appeals court. The appeals court can remand (return) the case to the trial
court for further consideration of the facts, putting a new interpretation on
them according the appeals court's instructions. While this provides a
general outline of the appeal procedure, lawyers can provide their clients
with information about the exact procedures that must be followed in the
court where their cases are heard.
A defendant who loses a case and appeals is often in a difficult situation.
Unless the defendant is willing to post a bond for the amount of the
judgment, he may still have to pay the judgment pending the appeal.
The rules, however, are different in General
Sessions Court. Generally, a civil matter tried
in General Sessions Court
is subject to what is called a "trial de novo," meaning a brand new
trial. In a General Sessions Court
appeal, the party will be entitled to again put on its proof and seek a
different result. Unlike the General Sessions Court
trial, the appellant can also claim a jury to hear the "trial de
novo."
A party should always consult their attorney about the effect of and their
rights on appeal. |
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