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In almost any civil action case, a party has the right to appeal the court’s decision. An appeal is a legal request for a higher court to review a decision or procedure of a lower court. Usually, if a legal error occurs or if the law was applied incorrectly, an individual could file for an appeal. An appeal is a review of the court’s application of the law. It may be difficult to try an appeal a case without understanding the nuances of appellate procedure.
Since appeals can be complicated, expensive, and time-consuming, it is best to seek help from a skilled car accident attorney. They could explain the process for Pascagoula car accident appeals and it differs from trial.
Cases in county court in Mississippi can be appealed to the circuit court in the same county. The judge may agree with the previous decision and not overturn it. The judge may ask for a new trial or send it back to the lower county court to address some of the issues presented in the case. If an individual’s case is originally in circuit court and they want to appeal, the only other appeal avenue is to the Mississippi Supreme Court or the Mississippi Court of Appeals. However, the Supreme Court assigns cases to the Court of Appeals to be heard. Individuals should speak to a knowledgeable attorney to determine which avenue to take to appeal a court decision.
If the Mississippi Court of Appeals hears the case, and the individual does not agree with the ruling, they can appeal to the Mississippi Supreme Court and get another appeal. The Mississippi Supreme Court will usually hear the case, but they are not required to do so. When the case is heard by the Mississippi Supreme Court, their decision is final. The only other court to appeal to is the United States Supreme Court after the Mississippi Supreme Court decides a case.
In federal court, an individual only gets an appeal from the district court to the 5th Circuit Court of Appeals which oversees Texas, Louisiana, and Mississippi, which will hear the appeal. If the person does not agree with that the decision of the Fifth Circuit, they can appeal to the United States Supreme Court. Because so few cases make it to the United States Supreme Court every year, it is highly unlikely United State Supreme Court would hear the case.
The length of time for an appeal in Mississippi tends to be shorter than in other states. Appeals can be heard within a year. However, the normal track is from one to three years. The time period can be shorter or longer, depending on the circumstances of the case.
Sometimes, judges in the appeals court do not want to hear a difficult issue or may require more briefing on a particular issue, and those could take longer.
A person may appeal a case as many times as is legal to do so. When there are no more appeals pending, that is the end of the case. Speak to a diligent car accident attorney in Pascagoula to learn about the steps following a lost appeal.
There are strict deadlines, 30 days for most appeals, so it is important to have appeals timely filed. Individuals should seek help from an experienced attorney to Pascagoula car accident appeals claim is filed on time. They could help you change the outcome of a court’s decision. Call today to learn more about how an attorney could help.