When Can I request for retrial A Court's Decision?

Family Lawyers Nj - When Can I request for retrial A Court's Decision?

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Generally, under the legal system in the United States, parties to a trial have the right to motion to a higher court if they believe the outcome they received from a lower court was in error. However, only questions of law are grounds for appeal, not questions of fact.

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This means that if the party simply feels the jury (or the judge if the case was heard in a bench trial) arrived at the wrong conclusion as a follow of the facts presented, that is not grounds for appeal. But if the party feels the judge made an error in interpreting the law, that issue is grounds for an appeal.

Suppose the judge allowed the jury to hear a discover testify about something he did personally see or hear, but was instead told by man else who claimed to have seen or heard this matter. Under most circumstances, this type of testimony is called "hearsay" because the actual discover on the stand was not the man who saw or heard the matter being testified about.

Now suppose, the jury renders an unfavorable verdict based upon that hearsay testimony. Now the party who lost this case my motion to a higher court claiming the judge erred in allowing that testimony to be heard by the jury. This is an issue of whether the judge made an improper decision based on the law, not whether the jury made an incorrect verdict based upon the facts presented in the trial.

The appeals court does not rehear the facts and testimony and render a new verdict, they will simply resolve whether the lower court must guide a new trial without admitting the hearsay testimony into evidence.

Other questions of law might be whether the judges instructions to the jury were correct, whether the party's constitutional possession were violated, whether the lower court had allowable jurisdiction to hear this case, whether a statute of limitation has been exceeded, or whether the damages awarded were immoderate under the law, etc.

In most cases the party will have a slight time to file an motion (often 30 to 45 days after the lower court's verdict).

Also, in order to appeal, your attorney must have raised an objection to this issue during the trial and have been overruled. It is not accepted to comb straight through the trial transcripts later and find an error that should have been objected to during the trial and then file an appeal.

The appellate court can whether affirm the lower court's verdict, reverse it, modify the verdict, or order a new trial.

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