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Appellate Basics

 

One of the great things about our legal system in the United States is that one can appeal a court’s decision if they believe the court made an error or if they believe that the court’s decision is simply wrong. When one appeal a court’s decision, they will go to appellate court where typically, a set of three judges will review your case and how it was handled in court. After reviewing the case, they will either affirm, remand, or reverse the decision. It is important to keep in mind that appellate court only goes over the original files and facts, they do not allow more facts to be submitted. The sole purpose of appellate court is to make sure that the law was correctly applied and the district courts did their job correctly. 

 

“An appeal shall be made by filing a notice of appeal with the clerk of the appellate courts and serving the notice on the adverse party or parties within the appeal period.” Minn. R. Civ. App. P. 103.01, subd. 1.

 

“The appellant shall at the same time also file a copy of the notice of appeal with the trial court administrator.” Id.

 

When filing a notice of appeal, it is very important to make sure that one files it on time, and with all the correct members. But filing with the district court administrator is not a jurisdictional requirement. See id., Advisory Comm. Cmt. 1998 amendments (“Failure of an appellant to take any step other than the timely filing and service of the notice of appeal does not affect appellate jurisdiction.”) 

 

Having the option to appeal a court’s decision is a very crucial part of the United States’ legal system and can be very beneficial if one believes the district court made an error. It is very important to make sure that one utilizes all their resources in the legal system. If one does decide to file a notice of appeal, it must be done on time. I have had the privilege of appearing before the Court of Appeals on several occasions and am happy to share my insights with you.

 

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.


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