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After an appeal is granted, most often the appellate court will remand the case back to the trial court with instructions on how to fix the errors that the lower court made. If the errors tainted the verdict, the appellate court can order a new trial.
An application for leave to appeal from an interlocutory order may be made by serving and filing with the court or agency appealed from within 20 days after the date of service of such order or administrative decision.
You have 45 days from the date the judgment or order is filed to appeal. In agency matters, you generally have 45 days from the date of service of the decision. If you are beyond the 45 days, you may file a motion asking the court to permit you to file the appeal out of time.
Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed.
In some cases, such as death penalty cases and class action lawsuits, the appellate process can continue for decades, but most criminal appeals in Virginia are completed within one year.
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The average rule of thumb for the time of appeal was roughly 7-14 months from beginning to end. But appeals can potentially take longer, or in other cases, go more quickly if it is an appeal required to be expedited by law.
An application for leave to appeal from an interlocutory order may be made by serving and filing with the court or agency appealed from within 20 days after the date of service of such order or administrative decision.
Examples of interlocutory orders are temporary injunctions and receiverships. An injunction is an order from the court for the party to cease doing something or requiring a party to do something.
If you object to the Judge's decision and want to try and get it changed you may be able to 'appeal' it. Appealing a decision is asking for a decision to be looked at again because you believe a serious legal mistake has been made.
If you have a question whether or not you can appeal, you can call the Appellate Division Clerk's Office at (609) 815-2950 for guidance with the process. Please note that The Clerk's Office cannot give you legal advice. 1.

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