Sooner or later, every case that has been appealed from a trial court to an intermediate appellate court results in a decision. Ordinarily, that decision will disappoint at least one, if not more, of the parties in the case. The party that has lost on appeal, or has failed to achieve all of its goals on appeal, must then consider what remedies remain available to possibly rectify the unsatisfactory aspects of the current outcome.
In most court systems, the only appeal as of right that is available is the appeal from the trial court to the intermediate appellate court. That typically produces a ruling from a three-judge panel of the intermediate appellate court. After the intermediate appellate court’s three-judge panel issues an unfavorable ruling, ordinarily the only remaining appellate recourse is discretionary in nature. In most court systems, the losing party is able to request reconsideration from the panel that just decided the appeal unfavorably, and the losing party can also simultaneously request rehearing before all active judges on the intermediate appellate court. This latter type of rehearing is often referred to as rehearing en banc.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
