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2007-07-16 11:24:55 · 14 answers · asked by kelilynn62 1 in Politics & Government Law & Ethics

14 answers

Once per decision.

So, if a trial court makes a final ruling, or an interim ruling that would effectively be equivalent to a final judgement, you can appeal to the trial court to reconsider.

If the trial court refuse to change its ruling, you can appeal to the next higher court to overturn or vacate the lower court decision.

You can continue appealing up the chain of courts, as long as you have appropriate issues of law.

However, state appellate practices and federal appellate practices are different, just as the the court hierarchies are different.

You cannot appeal a federal trial court decision to a state appellate court, and you cannot generally appeal a state court decision to a federal court.

There are exceptions, and there are collateral attacks on a ruling that are not technically the same as an appeal but have the similar effects. But generally, the only way to appeal a state court decision made by the state's highest court (State Supreme Court usually) is if the issue of law has federal constitutional ramifications. Other than that, you stay within the same hierarchy where you started.

2007-07-16 11:56:23 · answer #1 · answered by coragryph 7 · 1 0

1

2016-04-27 01:17:36 · answer #2 · answered by ? 3 · 0 0

In theory only once. However, cases may be split into various parts. There may be the "case in chief" and subsidiary judgments or remedies that may be appealed separately. Or there may be multiple plaintiffs or defendants, each of whom may or may not appeal their part of the case. Additionally, after an appeal, the appellate court may "remand" all or just part of the case to be re-tried. After that an appeal may lie from the new judgment(s).

Most US states and the Federal system have a two level appeal process: an intermediate appeal court and a Supreme Court to which which appeals can be taken only from the intermediate appellate court.

Contrary to widespread belief, Federal courts do NOT have appellate jurisdiction from state courts. The ONLY Federal court that will hear appeals from a state court is the US Supreme Court and then ONLY from the state's highest (usually but not always called Supreme) appellate Court; and then ONLY in cases where that state's highest appellate Court has ruled on a Federal statute or provision of the United States Constitution (or in a few other very limited matters specified by Federal law)

2007-07-16 11:42:50 · answer #3 · answered by Anonymous · 2 0

This Site Might Help You.

RE:
How many times can some one appeal a courts decision?

2015-08-14 19:22:43 · answer #4 · answered by ? 1 · 0 0

I hate to point fingers, but please disregard the ffirst four answers because they are incorrect. The state and federal court systems generally do not cross over (think two different railroad tracks).

If a case is in a district (trial) court, you can appeal it to an intermediate court (such as a state court of appeals, if in state court or a federal circuit court of appeals if in federal court). If you lose at the intermediate court level, you can appeal it to the state or federal supreme court. So typically, you can appeal the case twice at different appellate levels.

2007-07-16 12:48:31 · answer #5 · answered by Mocha M 2 · 0 0

None if it is filed in the wrong court and proceeds. Then appealed to the Virginia Supreme Court. They refused a case with NO APPEAL ALLOWED AT ALL ever. No case should be allowed to be refused if it was not given an appeal by right.

2016-10-27 14:02:11 · answer #6 · answered by Bonnie 1 · 0 0

The Supreme Court has said the Constitution generally allows for one appeal. That said appallete courts are not concerned with guilty or not guilty, they are concerened with was due process followed. Was this person defended well in court.

2007-07-16 11:31:31 · answer #7 · answered by Anonymous · 0 0

I filled a dc workercompensation claim I won the first time but the job insurance company appealed it I went to the appeal 2hrs later my lawyer call me and say they found something on me out of no were so I have to go back in 3 weeks to explain it. That is crazy to me if we both had a sheduled order to have our evidence in by a certain time before court how is it that I am being told to come back it should be over . I am still waiting on the letter. I won't believe it until I see the letter?

2016-05-24 10:16:29 · answer #8 · answered by tricia a 1 · 0 0

it depends upon your state--

but winging it--you have the initial trial court, then the intermediate state appeals court, then the highest court in the state (in most states, the supreme court, in new york? the court of appeals.).

the potential avenue of appeal from that is to the supreme court of the united states.

so that makes it 3 appeals.

2007-07-16 11:46:02 · answer #9 · answered by brian 4 · 0 0

as long as you have grounds for appeal, you can go all the way up to the US Supreme Court, which is about 5 rounds of appeals.

2007-07-16 11:28:48 · answer #10 · answered by Anonymous · 3 0

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