An appeal is a request to a higher court for that court to review the determination 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 appeals court might be asked by the appellant to reverse the determination and issue an order which grants the desired result, to send the case back to the lower court because of errors made at the lower court level, or to modify the judgment or order that was appealed. The respondent asks that the determination being appealed be affirmed.
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.
What is a motion?
A motion is a request that a court do something. For example, it can be a request that the court dismiss a complaint or grant summary judgment before a trial is held. It can be a post-judgment request for relief in either a civil or criminal case. It can be a request that a mid-level appellate court or the Court of Appeals grant permission to appeal to the Court of Appeals.
Some motions, including motions for permission to appeal to the Court of Appeals, can be governed by tight time deadlines.
A post-judgment motion is the method with which a criminal defendant can argue that there was additional, usually newly discovered, evidence that could have been submitted at the trial. While there is no time limit for such a motion, it is usually helpful to make the motion as soon after the conviction as possible.
What is an Article 78 proceeding?
An Article 78 proceeding can be used for a variety of challenges to official action. It is the way in which decisions of state and local agencies are challenged. It is in some ways similar to an appeal but it is considered to be a separate and new proceeding commenced in a court that has the power to review the agency in question. Article 78 proceedings must usually be commenced within a short time after the determination which is being challenged.
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