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Difference between revisions of "How Do I Appeal a Final Supreme Court Decision?"
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How Do I Appeal a Final Supreme Court Decision? (view source)
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A judge's final decision is appealed to the Court of Appeal. Because consent orders are made with everyone's agreement, they are almost impossible to appeal. Nevertheless, if an appeal can be made, it <span class="noglossary">will</span> be made to the Court of Appeal, just like a judge's final order. | A judge's final decision is appealed to the Court of Appeal. Because consent orders are made with everyone's agreement, they are almost impossible to appeal. Nevertheless, if an appeal can be made, it <span class="noglossary">will</span> be made to the Court of Appeal, just like a judge's final order. | ||
You should think twice before you decide that you want to appeal a decision, as appeals can be surprisingly expensive. They're usually not as expensive as trials are, but the cost is still substantial. As well, it isn't always necessary to appeal a decision. Orders, even final orders, which deal with children, child support, and spousal support can often be varied following the decision. Of course to vary an order, there must have been a significant change in circumstances since the original decision was made. | ==Is an appeal appropriate?== | ||
You should think twice before you decide that you want to appeal a decision, as appeals can be surprisingly expensive. They're usually not as expensive as trials are, but the cost is still substantial. As well, it isn't always necessary to appeal a decision. This is especially important to consider unless the decision is about division of property or debt. Orders, even final orders, which deal with children, child support, and spousal support can often be varied following the decision. Of course to vary an order, there must have been a significant change in circumstances since the original decision was made. Read the section on [[Changing Final Orders in Family Matters]] in the chapter [[Resolving Family Law Problems in Court]] to learn about what a ''change in circumstances'' means and how this might permit variation of an order. | |||
The person bringing an appeal is called the ''appellant''. The other party is called the ''respondent'' because that party is ''responding'' to the appeal. The trial court, the Supreme Court, is called the ''lower court'' or ''the court below'', and the judge who heard the trial is called the ''trial judge''. | The person bringing an appeal is called the ''appellant''. The other party is called the ''respondent'' because that party is ''responding'' to the appeal. The trial court, the Supreme Court, is called the ''lower court'' or ''the court below'', and the judge who heard the trial is called the ''trial judge''. | ||