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Commonly Asked Questions about Appellate Court Forms

There are several possible outcomes of an appeal the lower courts holding may be affirmed, reversed, affirmed in part and reversed in part, dismissed, or modified. Each of these are very different results.
The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were clearly erroneous.
The appellate court is the court that hears the appeal of a trial courts decision. In the information in this section, the term appellate court is used to refer to the Court of Appeal or the appellate division of the superior court. The trial court is the court that made the decision you are appealing.
The Court of Appeal may: affirm the trial courts judgment or order. modify the trial courts judgment or order. reverse all or part of the trial courts judgment or order. send the case back to the trial court for a new trial or hearing.
A notice of appeal should be filed with the clerk by physically going to the clerks office and handing three copies of the notice to the clerk or her designee. The clerk will keep two copies and the lawyer delivering it should get a stamped copy back from the clerk.
Murrah Federal Building in Oklahoma City. The bombing resulted in the deaths of 168 people. This case is an example of how an appellate court reviews a death penalty case. Decided by the Tenth Circuit Court of Appeals.
The appellate court just decides whether a reasonable fact-finder could have come to the same conclusion based on the facts in the record. If there is a conflict in the evidence and a reasonable fact-finder could have resolved the conflict either way, the appellate court will not overturn the trial courts decision.
What are the possible outcomes of an appeal? Affirm the decision of the trial court, in which case the verdict at trial stands. Reverse the decision to the trial court, in which case a new trial may be ordered. Remand the case to the trial court.