Following the ruling of a lower court, the losing party may file a notice of appeal, request transcripts and other court records in order to cite legal reasons for overturning the initial ruling. No new evidence is admitted during an appeal and is strictly a legal argument.
The initial winning party may file responsive briefs countering these arguments. The appellant may then file a counter response that is the final brief. The appeals court may sustain the original ruling, reverse it, or send the case back to the original court. In each state, the Supreme Courts are the highest appeals courts; however, lower appeals courts exist in every state as well.
A writ is a document or an order from a higher court directing a lower court or government official to take action of some sort. In any given trial, a defendant may appeal a case to the next higher appellate body only once, but the defendant may file multiple writs in that same trial. Defendants may seek several types of writs from appellate judges directed at the trial court or at a lower appellate court. Most writs require advanced legal knowledge and involve detailed procedures. Defendants contemplating making an application for a writ are wise to consult counsel.
Different types of writs include:
If you are looking to file an appeal or writ, hiring a Pasadena criminal defense attorney to successfully walk you through the process is essential. We are here to answer any questions that you have about proceeding with your case.
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