After all of the evidence is heard, many court cases result in a final decision that neither party expects. Regardless of the reasoning behind any ruling or the application of the governing law, all parties have a right of appeal for reconsideration. However, it is not as simple as requesting an appeal at the end of the original case hearing. There are rules and restrictions associated with an appeal just like filing the original case. Rulings are also rarely overturned, with most decisions in favour of the appellant being remanded back to the court of original jurisdiction with additional instructions.
The Notice of Appeal All appeals are filed through a form of submission that will state the appellant's complaint in detail. The information will pinpoint the items of concern and provide an argument as to why the decision should be reconsidered. Rarely is an allowance made for additional evidence in an appellate case, but merely a clarification of evidence presented in the original suit. All appeals must be a claim of substantive legal misapplication or a process error by the court.
Appeals Reconsideration Evaluation Requests for a final decision appeal are reviewed first by an appellate magistrate who will determine if the case should be heard by a single judge or a panel. Judges will either issue a ruling that differs with the prior decision or sends the case back to the appropriate court of jurisdiction for another hearing. Appellants have 28 days to complete the appeals form filing with applicable fees to be paid at that time. Extensions to this deadline can be granted, but they must also be accompanied by official request documentation.
Hearing Each party to an appellate hearing is required to submit an outline that details their position regarding the previous ruling, including supporting precedent law that may have been overlooked. Case particulars are heard with the appellant presenting their argument first, followed by the respondent. Appellants are then allowed one redirection with respect to details supplied by the defence. While rulings issued at the appellate level can be submitted to the High Court, this is very rare unless the legal issue has a broad application to the population in general. The appeals court does not have the authority to deny cert as does the ultimate court, but the appellate court decision is typically the final ruling.
