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There are two distinct forms of appellate review, "direct" and "collateral". For example, a criminal defendant may be convicted in state court, and lose on "direct appeal" to higher state appellate courts, and if unsuccessful, mount a "collateral" action such as filing for a writ of habeas corpus in the federal courts. Generally speaking, "[d ...
The Federal Rules of Appellate Procedure (officially abbreviated Fed. R. App. P.; colloquially FRAP) are a set of rules, promulgated by the Supreme Court of the United States on recommendation of an advisory committee, to govern procedures in cases in the United States Courts of Appeals.
Therefore, it is often either a requirement of the law, or an order of the court, that prior to commencing its appeal processes, the losing party must provide a surety bond – money it pays to the court or a third party, to demonstrate its good faith and commitment to paying judgment if it loses, and in some cases to show that their appeal is ...
The Appellate Division primarily hears appeals from the state's superior courts (Supreme Court, Surrogate's Court, Family Court, Court of Claims, the county courts) in civil cases, the Supreme Court in criminal cases, and, in the Second, Third, and Fourth Judicial Departments, from the county courts in felony criminal cases. [5]
Service of process must be effected on both the garnishee and the judgment debtor, and the notice to the judgment debtor must promptly follow notice on the garnishee. The notice will instruct the garnishee not to release funds due to the debtor, and it will set a date for the garnishee to appear in court and contest the garnishment, if it so ...
In some jurisdictions, a court able to hear appeals is known as an appellate division. The phrase "court of appeals" most often refers to intermediate appellate courts. However, the New York Court of Appeals is the highest appellate court in New York. The New York Supreme Court is a trial court of general jurisdiction.
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