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Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
The relatively streamlined process of sending a certified question to a state appellate court also relieves federal courts of the unwieldy procedure of Pullman abstention, under which Federal courts abstain from deciding on the constitutionality of state laws while litigation seeking the construction of those laws is pending in state courts. [5]
The Alabama Court of Criminal Appeals is one of two appellate courts in the Alabama judicial system. The court was established in 1969 when what had been one unitary state Court of Appeals was broken into a criminal appeals court and a civil appeals court. The unitary Court of Appeals had been operative since 1911.
Appellate Practice columnists Thomas R. Newman and Steven J. Ahmuty Jr. examine several major provisions of the new uniform rules, including electronic filing requirements, filing deadlines for ...
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The rules that govern the procedure in the courts of appeals are the Federal Rules of Appellate Procedure. In a court of appeals, an appeal is almost always heard by a "panel" of three judges who are randomly selected from the available judges (including senior judges and judges temporarily assigned to the circuit).
The Supreme Court may make rules governing administration, practice, and procedure for all Alabama courts. Under this authority, uniform rules of practice and procedure and judicial administration have been adopted to eliminate many of the technicalities which cause delay in the trial courts, and needless reversals in the appellate courts.
Federal Rules of Appellate Procedure (current) via Cornell University's Legal Information Institute {{Federal Rules of Evidence}}, {} Rule: